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Michael Machado & Anr vs Central Bureau Of Investigation & Anr on 17 February, 2000

"11. The basic requirements for invoking the above section is that it should appear to the court from the evidence collection during trial or in the inquiry that some other person, who is not arraigned as an accused in that case, has committed an offencd for which that person could be tried together with the accused already arraigned. It is not enough that the court entertained some doubt, from the evidence, about the involvement of another person in the offence. In other words, the court must have reasonable satisfaction from the evidence already collected regarding two aspects. First is that the other person has committed an offence. Second is that for such offence that other person could as well be tried along with the already arraigned accused.
Supreme Court of India Cites 9 - Cited by 478 - Full Document
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