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SUDESH BANSAL
Vipul Kaushik – Appellant
Versus
Central Bureau of Investigation – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Heard learned counsel for the petitioner and Spl. PP for CBI so also perused the record placed before this Court including the order impugned herein dated 18.08.2023 passed by the Special Judge (CBI) No.2, Jaipur Metro-I in criminal case No.1/2016 titled as CBI v. Bharat Bomb and Ors.
2. Vide order impugned, application dated 02.06.2023 filed by the petitioner accused invoking powers of the Court under Section 91 and 207 Cr.p.C, seeking directions against CBI/prosecution to disclose all the relied/unrelied documents collected by the Investigation Officer (IO) and to produce/supply statements of all persons recorded under Sections 161 and 164 Cr.P.C., in the present matter has been rejected.
3. Facts of the case, in brief, are that on written compliant of Shri. C. Sridhran, DGM, Syndicate Bank, Field General Manager's Office, New Delhi in respect of fraud allegedly committed by bank officials and a group of customers by resorting to discounting of fake/forged cheques, fake bills and arranging over-draft limit against the non-existent LIC policies aggregating to Rs. 1055.78/- crores in the two branches of Syndicate Bank at Jaipur and Udaipur, Central Bure
The court upheld that the accused must specify required documents for defense; vague applications do not warrant disclosure of all materials.
Accused cannot seek documents to prove innocence at the stage of framing charges under Sec. 91 of Cr.P.C.
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 prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
The judgment emphasizes mandatory compliance with Supreme Court-established guidelines regarding document disclosure in criminal trials to ensure fair trial rights.
The right to seek document production under Section 91 of CrPC arises only at the defense stage, not during pre-charge proceedings.
The accused is entitled to document disclosure under Section 207 of Cr.P.C. for a fair trial, including materials not necessarily relied upon by prosecution.
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