Case Note & Summary
The applicant, Surendra @ Shyam s/o Ramdasji Ghagare, filed a Criminal Revision No. 203 of 2009 before the Bombay High Court, Nagpur Bench, challenging the chargesheet filed against him in a pending trial. The applicant was accused in a case registered at P.S.O. Bela, District Nagpur, and was in custody at Central Prison, Nagpur. The applicant contended that there was absolutely no evidence against him except for the statement of a co-accused, which he argued is not substantive evidence in law. During the pendency of the revision, the applicant was released on bail by the same court vide order dated 7.1.2010 in Criminal Application No. 06 of 2010. The court observed that since the chargesheet had been filed and the applicant was already on bail, it would be appropriate for him to face the trial. Consequently, the court disposed of the revision without entering into the merits of the applicant's arguments, directing the trial court to proceed further with the trial. The judgment was delivered by Justice A.B. Chaudhari on 7th January 2010, with Rule made returnable forthwith and heard finally by consent of counsel.
Headnote
A) Criminal Procedure - Revision - Disposal after Bail - Section 397, 401 CrPC - The applicant filed revision challenging the chargesheet, but during pendency was granted bail. The court held that since chargesheet was filed and applicant was on bail, it was appropriate for him to face trial. Revision disposed of without adjudicating merits. (Paras 2) B) Evidence - Co-accused Statement - Not Substantive Evidence - Indian Evidence Act, 1872 - The applicant argued that the only evidence against him was the statement of co-accused, which is no evidence in law. However, the court did not decide this issue as revision was disposed of on other grounds. (Para 2)
Issue of Consideration
Whether the criminal revision challenging the chargesheet should be entertained when the applicant has been released on bail and chargesheet has been filed.
Final Decision
Criminal Revision No. 203 of 2009 is disposed of. Trial Court to proceed further with the trial.
Law Points
- Statement of co-accused is not substantive evidence
- Revision disposed of after grant of bail
- Trial to proceed
