REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 981 OF 2009

(Arising out of SLP (Crl.) No. 6374 of 2007)

Jayendra Vishnu Thakur

…. Appellant

Versus

State of Maharahstra and another

…. Respondents

J U D G M E N T

S.B. SINHA, J.

1.

Leave granted.

2.

Interpretation of the provisions of Section 299 of the Code of

Criminal Procedure, 1973 (for short ‘the Code’), Section 33 of the Indian

Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive

Activities (Prevention) Act, 1987 (for short ‘the TADA’) is involved in this

appeal which arises out of a common order dated 6^th March, 2007 passed by

the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in

TSC No. 2/1996, 1/1997and 2/1997.

3.

The said question arises in the following fact situation.

One Suresh Narsinh Dube was shot dead at Nallasopara Railway

Station in the suburbs of Mumbai on 9^th October, 1989. The impleaded

respondent herein, the brother of the deceased, filed a complaint petition

with regard to the incident. Appellant absconded.

A proclamation under Section 82 of the Code was thereafter issued on

9^th February, 1993 declaring the appellant as a proclaimed offender.

Subsequently, the said proclamation was also published in different

newspapers on various dates.

In connection with the said occurrence initially 12 persons were

charge-sheeted upon completion of investigation on 27^th August, 1993,

wherein eight persons, including the appellant, were shown to be

absconding. Appellant and other accused were also booked under TADA.

Indisputably, in connection with a case arising out of FIR Nos. 140-

144 of 1993 the appellant was arrested in Delhi on 23^rd July, 1993. By a

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letter dated 1^st September, 1993 the Investigating Officer in the present case

informed the Designated Judge, TADA Court at Mumbai in regard to the

appellant’s arrest in the Delhi case.

4.

Appellant was arrested by the Maharahstra Police on 23^rd October,

1993 in connection with FIR No.3/1992 and was produced before the Chief

Judicial Magistrate, Thane on 24^th October, 1993 and was remanded to

police custody till 20^th November, 1993. He was again shown to have been

arrested on 20^th November, 1993 in two cases ; one relating to FIR No.

237/1992 of Manikpur Police Station and the other in FIR No.161 of 1992 of

Virar Police Station. He was in judicial custody till 21^st December, 1993.

5.

On a Special Leave Petition (Crl.) Nos. 643-646 having been filed

before this Court by the appellant and others, this Court by its order dated

23^rd November, 1993 inter alia directed splitting up of the case with regard

to the absconding accused. Charges in the matter were framed by the

Designated Judge on 30^th December, 1993.

6.

On an application filed by the Public Prosecutor under Section 299 of

the Code, an order was passed by the Designated Judge on 1^st January, 1994.

7.

The State of Maharashtra filed a writ application before the High

Court of Delhi for securing the presence of the appellant in the cases

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pending in the State of Maharashtra including the case in question, which by

reason of an order dated 19^th December, 1994 was dismissed.

On or about 11^th July, 1995 an application under Section 83 of the

Code was filed by the Investigating Officer through the Public Prosecutor

wherein it was admitted that the appellant had not been absconding.

8.

On an application moved by the State of Maharashtra to the

Designated Judge, TADA, Delhi for transfer of the appellant to Maharashtra,

the Designated Judge by his order dated 21^st July, 1995 refused to do so in

view of the order passed by the High Court on 19^th December, 1994.

Appellant moved an application for production warrant for recording

his plea against charges which was dismissed on 25^th July, 1995.

Yet again he filed an application on 21^st August, 1995 praying for