Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF INDIA, 1950: Art. 21 read with s. 319 CrPC - Right to speedy trial - SLP of newly added accused, referred to Constitution Bench Court granting stay - Prayer by one of the accused seeking vacation of stay order/grant of bail - Held: Stay order modified to the effect that while stay of trial of newly added accused shall continue qua him only, trial court shall be free to proceed with trial qua other accused persons - Constitution of India, 1950 - Art. 21. CODE OF CRIMINAL PROCEDURE, 1973: s. 319 -Power to proceed against other persons appearing to be guilty of offence - Held: The words "could be tried together with the accused" ins. 319(1) appear to be only directory- "Could be" cannot under the circumstances be held to be "must be" and the opinion formed by court on the basis of evidence would not be nullified - Even if addition of new accused is ultimately held to be justified, mere fact that trial of remaining accused had already concluded would not prevent prosecution of newly added accused for offences for which he has been summoned by trial court. The petition for special leave to appeal arising out of the order adding the petitioner as a co-accused in a case pending before the Court of Session for offences punishable u/ss 302, 201 read with s.34 and ss. 120-B, 465, 468 and 471 IPC, s.25 of Arms Act and s.135 of Bombay Police Act, was referred to a Constitution Bench. In Crl. Misc. Petition No. 20502 of 2008 filed in the SLP, the Supreme Court, by order dated 17.12.2008 granted stay. Crl. Misc. Petition No. 24292 of 2011 was filed by one of the co-accused seeking to add himself as a party to the instant proceedings and for vacation of the order dated 17.12.2008 by which further steps in the case were stayed. In the alternative the applicant prayed for bail. By order dated 8.12.2011, a three-Judge Bench allowed the prayer for impleadment and directed that grant of bail be considered by the regular Bench. Accordingly, Crl. Misc. Petition No. 20502 of 2008 and Crl. Misc. Petition No. 24292 of 2011 came to be listed before the instant Bench. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 66 |
Petitioner | Babubhai Bhimabhai Bokhiria & Anr. |
Respondent | State Of Gujarat & Ors. |
SCR | [2013] 1 S.C.R. 665 |
Judgement Date | 2013-01-30 |
Case Number | 9184 |
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