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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MEHROZ K.PATHAN
Yunus Karim Bagwan – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. no provision for post-charge sheet prosecution documents (Para 1 , 2 , 3 , 4) |
| 2. medical papers allowed pre-evidence; unavailable at charge-sheet (Para 5) |
| 3. distinguished bharat: prosecution application, not victim via pp (Para 6 , 7) |
| 4. distinguished wazid; no timely challenge to order (Para 8 , 9) |
| 5. section 294 permits post-charge sheet documents procedurally (Para 10 , 11) |
| 6. no prejudice or illegality; petition dismissed (Para 12 , 13) |
JUDGMENT :
MEHROZ K. PATHAN, J.
1. The petitioners are challenging the order dated 01.12.2023 passed by the learned Sessions Judge, below Exh. 71 and the order dated 05.01.2026 passed below Exh. 125 in Sessions Case No. 95 of 2020.
2. The learned counsel for the petitioners submits that the petitioners have filed the application below Exh.125 with a prayer not to refer to the documents filed by the prosecution on 15.3.2023 in the evidence of the witnesses during the trial. The said application was contested by the prosecution and after detail hearing, the learned trial court has rejected the application on the ground that the documents were allowed to be produced on record vide order dated 1.12.2023 on an application filed by the pros
Prosecution can produce unavailable documents post charge-sheet before evidence under Section 294 CrPC after hearing accused, without prejudice; distinguishes victim-led applications; bars review att....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
Point of Law : Power of Magistrate to issue summons to any witness on application of prosecution - There is no provision available for a witness to directly seek production of additional documents du....
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
The court affirmed that missing documents may be submitted at later stages in trials to avoid undue delays, emphasizing rights of the accused are safeguarded by allowing challenges to evidentiary val....
Appellate courts can invoke inherent powers under Section 391 Cr.P.C. to permit certified documents as additional evidence in appeals, even without specific prayer, if necessary for just decision, pr....
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
The court has the discretion to allow the production of documents during the course of evidence under Section 242 of the Cr.P.C., and such allowance does not cause prejudice to the accused.
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