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    <title>2011 (1) TMI 1396 - Supreme Court</title>
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    <description>Bail under the special anti-terror statute could not be refused unless the case diary or report disclosed reasonable grounds to believe the accusation was prima facie true. On the materials available, there was no prima facie proof that the accused was part of the conspiracy or an assailant, and the statutory embargo on bail did not apply. Mere alleged membership of an organisation, without active and knowing participation in unlawful aims, was insufficient to justify continued custody. Delay in trial was also treated as a relevant factor in favour of liberty, and the respondent was entitled to remain on bail.</description>
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      <description>Bail under the special anti-terror statute could not be refused unless the case diary or report disclosed reasonable grounds to believe the accusation was prima facie true. On the materials available, there was no prima facie proof that the accused was part of the conspiracy or an assailant, and the statutory embargo on bail did not apply. Mere alleged membership of an organisation, without active and knowing participation in unlawful aims, was insufficient to justify continued custody. Delay in trial was also treated as a relevant factor in favour of liberty, and the respondent was entitled to remain on bail.</description>
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