Cr.P.C. S.299 is applicable when the accused intentionally makes inaccessable and not merely when it is shown that it is not possible to trace him Jayendra Vishnu ThakurVs.State of Maharahstra and Anr.(2009)7SCC104
Cr.P.C. S.299 Evidence recorded in earlier trial cannot be read against absconded accused C.B.I. Vs. Abu Salem Ansari (2011)4SCC426
Cr.P.C.S 299 Evidece recorded earler was read as evidence on the basis of pursis for joint trial of absconding accused, has been upheld by Bombay High Court (DB) Mohd. Hanif and Ors. vs. The State of Maharashtra -2016 (4) Bom.C.R. (Cri) 538
Cr.P.C. S.299 and 190 and 173 Law does not contemplate waiting arrest of absconding accused till charge sheet Dinesh Dalmia Vs. C.B.I. 2007 (8) SCC 770
Cr.P.C. S.299 No discharge of absconding accused unless evidence was recorded as common. This section does not empower Court to delete absconding accused name Smt. Urmila Sahu Vs. State of Orissa 1998 Cri.L.J. 1372 (Orissa)
Cr.P.C. S.299 Court can record common evidence on prosecutions application State of Hyderabad Vs. Bhimaraya AIR 1953 AP 63
Cr.P.C. S.299: Section 299 empowers only the trial court to record evidence in the case of an accused who is absconding. But the above changes do not enable the Magistrate to commit the case against any of the accused before the accused actually appears or is brought before the Court. The Judicial Magistrate was directed to give a new number to the case against the absconding accused and take steps to apprehend them.-State of Kerala Vs. John and Ors., MANU/KE/0204/1977
Cr.P.C.S 299 Absconded accused later on applied for joinder of their trial with the accused who were being tried. Evidece read on the basis of pursis. Their conviction was upheld by Bombay High Court DBMohd. Hanif and Ors. vs. The State of Maharashtra (04.10.2016 – BOMHC)
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