Suresh Alias Pappu Bhudharmal Kalani vs The State Of Maharashtra on 2 March, 2001
"[4]
Having considered the rival submissions and after
perusal of record there is substance in the
grievance made on behalf of the applicant (s)
before this Court that there is absolutely no
evidence against them except the statement of co-
accused which is pressed into service on behalf of
the prosecution. Even the learned A.P.P. fairly
accepts this position; he was unable to point out
any other material on record to implicate the
Applicant (s) in the charge of conspiracy or
otherwise. The Counsel for the applicant (s) has
rightly placed reliance an the exposition of the
apex Court in Suresh Budharmal Kalani Alias
Pappu Kalani Vs. State of Maharashtra, reported
in 1998 S.C.C. (Cri) 1625, in particular
paragraphs 6 and 7 of the said decision. The
Apex court has observed that at the stage of
framing of the charge the Court is required to
confine its attention to only those materials
collected during investigation which can be
legally translated into evidence and not upon
further evidence that the prosecution may adduce
in the trial which would commence only after the
charges are framed and the accused denies the
::: Uploaded on - 05/08/2021 ::: Downloaded on - 06/08/2021 03:50:28 :::
4 apl 94--2019.odt
charges.