NDLI: Michal Machado and Anr. Vs. Central Bureau of Investigation and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Criminal Procedure Code 1973--Section 319
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Criminal Procedure Code, 1973-Section 319-Power to proceed against a person appearing to be guilty of offence during trial of such offence against other named accused-Essential conditions for exercise of such power-Held, court must have reasonable satisfaction from the evidence already collected, that the other person has committed an offence and that for such offence that other person could as well be tried along with the already arraigned accused-Mere suspicion of involvement of such other persons in the offence not enough-There is a discretion vested in the court but such power should be exercised only to achieve criminal justice-None of the 49 witnesses examined in the trial mentioned about the involvement of the appellant in the offence-The statement of three remaining witnesses creating suspicion against the appellants-Held, suspicion is not sufficient to hold there is reasonable prospect of convicting the appellants in the offence-Penal Code, 1860, Sections 120-B, 420, 467, 468 and 471.
Judge	Hon'ble Mr. Justice K.T. Thomas
Neutral Citation	2000 INSC 66
Petitioner	Michal Machado And Anr.
Respondent	Central Bureau Of Investigation And Anr.
SCR	[2000] 1 S.C.R. 981
Judgement Date	2000-02-17
Case Number	184

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Michal Machado and Anr. Vs. Central Bureau of Investigation and Anr.