Paragraph numbers below are the court’s original numbering, recovered from the source text.
16. These aspects have been highlighted inAdri Dharan Das v. -{ ~ State of West Bengal, [2005] 4 SCC 303.
17. In view of the principles oflaw as set out above and the factual scenario involved, we direct that within a period of four weeks from today the respondents shall surrender before the concerned Court and shall seek regular bail. )…-"
18. We make it clear that we are not expressing any opinion on the merits of the case. When the bail application is moved in terms of Section 439 of the Code before the concerned Court the same shall be considered in its proper perspective in accordance with law. If an application for bail is moved, the concerned Court would do well to H A dispose it of on the day it is filed. Learned counsel appearing for the State has undertaken that all relevant records shall be produced before the Court dealing with the bail application and no adjournment shall be asked for on the ground of non-availability of records if the accused-respondents intimate the date on which they purpose to surrender three days in B advance. \ A
19. It is to be noted that apprehension of the appellant that framing of charge pre-empted is based on the following observations of the High Court: c "If upon the completion of the investigation charge sheet is submitted against the petitioners on material other than noticed presently, the petitioners shall have their remedies in accordance with law."
20. So far as filing of the charge sheet and framing of charge D concerned, needless to say that charge sheet shall be submitted on the basis of materials collected during investigation and while considering the charge sheet filed the concerned Court shall take note of the relevant factors and decide as to whether on the materials on record framing of charge against the accused persons is warranted. We make it clear that E we have expressed no opinion in that regard.
21. Before we part with the case, we feel it necessary to indicate that both the accused and the informant referred to several portions in the case diary.
22. Sections 207 and 208 of the Code deal with documents which are commonly known as police papers, which are to be supplied to the accused. The said sections read as follows: "Section 207- Supply to the accused of copy of police report and other docum"ents: In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:- (i) the police report; NARESHKUMAR YADAVv. RA VINDRAKUMAR [PASAYAT,J.] (ii) the first information report recorded under Section 154; (iii) the statements recorded under sub-section (3) of Section 161 of ali persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173; (iv) the confessions and statements, if any, recorded under _.,.T Section 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) c of Section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a D copy of that part of the statement or of such portion thereof as ·y the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will E only be allowed to inspect it either personally or through pleader in Court. Section 208- Supply of copies of statements and documents to accused in other cases triable by Court of Session- Where, –<~ in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:- (i) the statements recorded under Section 200 or Section 202, or all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under Section 161 or Section 164; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely; Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court."
23. The documents in terms of Sections 207 and 208 are supplied 'h to make the accused aware of the materials which are sought to be utilized against him. The object is to enable the accused to defend himself properly. C The idea behind the supply of copies is to put him on notice of what he has to meet at the trial. The effect of non-supply of copies has been considered by this Court in Noor Khan v. State of Rajasthan, AIR (1964) SC 286 and Shakila Abdul Gafar Khan (Smt.) v. Vasant Raghunath Dhoble and Anr., [2003] 7 SCC 749. It was held that non- D supply is not necessarily prejudicial to the accused. The Court has to give a definite finding about the prejudice or otherwise. Even the supervision notes cannot be utilized by the prosecution as a piece of material or evidence against the accused. If any reference is made before any court to the supervision notes, as has noted above they are not to be taken E note of by the concerned court. As many instances have come to light when the parties, as in the present case, make reference to the supervision notes, the inevitable conclusion is that they have unauthorized access to the official records.
24. Further, it is baffling to note that t_he accused and informant F referred to particular positions of case diary. At the stage the bail ., ~ applications were heard by the High Court, legally they could riot have been in a position to have access to the same. The papers which are to be supplied to the accused have been statutorily prescribed. The Courts should take serious note when the accused or the informant refers to the G case diary to buttress a stand. …)
25. The appeal is disposed of accordingly. D.G. Appeal disposed of.