VidhiSangh

Supreme Court of India · 28/07/2023

VERNON versus THE STATE OF MAHARASHTRA & ANR.

[2023] 10 S.C.R. 867 · 2023 INSC 655

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Summary

The Court granted bail to Vernon Gonsalves and Arun Ferreira after nearly five years’ detention. Limited scrutiny of the prosecution materials did not establish the prima facie truth required to trigger the UAPA bail restriction. Possession of literature, weak third-party communications and unsubstantiated financial allegations did not supply the relevant statutory links. Findings were at the bail stage, with restrictive conditions imposed.

Issues

  1. What scrutiny Section 43D(5) required of the prosecution materials at bail stage.
  2. Whether the alleged acts met the charged terrorist-act, membership, support and funding provisions prima facie.
  3. How prolonged detention and constitutional liberty affected bail and its conditions.

Provisions considered

Held

Result

Appeals allowed; bail refusals set aside and both appellants directed to be released on Special Court terms incorporating the specified safeguards, unless wanted in another case. Cancellation remained available for breach or witness interference.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 867.