299 of Cr.P.C. and under Section
82 of Cr.P.C. are two independent proceedings and for moving under
Section 299 of ... under
Section 33 of the Evidence Act and whether it can form the
basis of conviction. Section 299 of the Code of Criminal
Procedure consists
Subsequently, charges under Section 174 A IPC & Sections
380 , 420 , 468 , 471 read with Section 34 of IPC were framed against
accused Rohtash Kanwar ... absconding,
prosecution evidence was recorded in absence of the accused under
Section 299 Cr.PC. In the evidence under Section 299 Cr.PC, Head
Constable
respectively.
The examination of PW3 was conducted under
Section 299 Cr.P.C. as the accused was declared as Proclaimed
Offender vide order dated ... prepared the charge-sheet.
The examination of PW4 was conducted under
Section 299 Cr.P.C. as the accused was declared as Proclaimed
Offender vide
IPC after obtaining warrant under
Section 37 of Police Act. However, since the proceedings under
Sections 82 & 83 Cr.P.C. have not attained ... only warrant under Section 37 of the Police Act has
been obtained by the police to file charge-sheet under Section 299
also argued by counsel
representing the petitioner that charge-sheet under Section 299
Cr.P.C. has been filed in this matter before the learned ... only warrant under Section 37 of the
Police Act has been obtained by the police to file charge-sheet
under Section 299
offence under Section
306 IPC after obtaining warrant under Section 37 of Police Act.
However, since the proceedings under Sections 82 & 83 ... only
warrant under Section 37 of the Police Act has been obtained by
the police to file charge-sheet under Section 299
matter was
further investigated and charge-sheet was submitted against him
under Section 299 Cr.P.C. Counsel submits that the petitioner is
(Downloaded ... petitioner remain absconding and charge sheet
was submitted against him under Section 299 Cr.P.C. Hence
indulgence of this Court is not warranted.
Heard
friends and committed an offence punishable
under Section 420 and 120 B of IPC .
3. After registration of case, accused Kuldeep and Gorakh
Nath absconded ... absconding,
prosecution evidence was recorded in absence of the accused under
Section 299 Cr.PC. In the evidence under Section 299 Cr.PC, Constable
Page No. 2
committed an offence punishable under Section 420 & 471 of the Indian
Penal Code,1860.
4. Thereafter, complainant lodged an FIR. After ... absconding,
prosecution evidence was recorded in absence of the accused under
Section 299 Cr.PC. In the evidence under Section 299 Cr.PC, Constable
Vinod
under Sections
323 , 341 , 342 , 365 , 376-D and 143 IPC (During investigation,
offence was found to have been made out under Sections ... submits that
petitioner is absconding and challan was filed against him under
Section 299 Cr.P.C. So, the present bail application is not
maintainable
