Criminal Procedure Code, 1973, Section 319 -- Addition accused - Summoning of - Exercise of power - Held, it is settled position of law that evidence which is required to be considered for purpose of drawing satisfaction that evidence, if left unrebutted would reasonably lead to conviction of person sought to be added as accused - Court at the stage of considering exercise..........
Criminal Procedure Code, 1973, Section 246(6) -- Examination of witness - Provision of sub-s.(6) of S.246 is in addition to supplementing S.244, Cr.P.C. in order to enable prosecution to bring in additional evidence with the object to render complete justice - It is an enabling provision provided by legislature most consciously so that no miscarriage of justice is caused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court must be satisfied that case for addition of persons as accused has been made out on additional evidence led before it - Mere doubt about involvement of other person is not enough...........
Criminal Procedure Code, 1973, Section 319 -- Addition of accused - Power of Court - Exercise of - Held, even persons who have been dropped by police during investigation but against whom evidence showing their involvement in the offence that comes before criminal Court are included in the impression `any person' not being accused - Court is satisfied on the basis of..........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Allegations of mental cruelty u/s 498-A IPC - Period of cruelty confined before she was sent to parental home from matrimonial home - Application for alteration of charge that extent of period of cruelty continued even after she was sent at her parental home, on the basis of some notice produced..........
Criminal Procedure Code, 1973, Section 319 -- Witnesses to be re-heard - Held, that proceedings against the added accused u/s 319 Cr.P.C. shall be commenced afresh - Witnesses will be re heard - The evidence prior to the addition of accused cannot be used against the accused who was not there earlier...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Addition of - Court has jurisdiction to add any person to face trial if Court is satisfied at any stage of the proceeding on evidence adduced that the persons who have not been arrayed as accused should face trial - Such person even though had initially been named in FIR as an accused, but not charge..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Addition of - Can only be on the basis of evidence adduced before Court and not on the basis of material available in the charge-sheet or case diary because such materials contained in the charge sheet or the case diary do not constitute evidence...........
