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What did the Supreme Court of India decide in State of Gujarat v. Salimbhai Abdulgaffar Shaikh (2003)…

The Supreme Court required the Special Court route. Its grant or refusal of bail was appealable to a two-judge High Court bench under section 34. This question concerns the…

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What did the Supreme Court of India decide in State of Gujarat v. Salimbhai Abdulgaffar Shaikh (2003) about bail under the then-operative Prevention of Terrorism Act, 2002?

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Correct answer B

The Supreme Court required the Special Court route. Its grant or refusal of bail was appealable to a two-judge High Court bench under section 34. This question concerns the 2003 decision under the since-repealed Act.

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Option A

The Court held that the High Court's ordinary original bail jurisdiction could not displace the special route.

Option B

Section 34(4) allowed an appeal to the High Court from a Special Court order granting or refusing bail.

Option C

The statutory appeal against this refusal lay to the High Court.

Option D

The Act expressly allowed an appeal from an order refusing bail.

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