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 6th March, 2007 passed by the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in TSC No. 2/1996, 1/1997and 2/1997. 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 9th 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 9th 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 27th 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 23rd July, 1993. By a letter dated 1st 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. Appellant was arrested by the Maharahstra Police on 23rd October, 1993 in connection with FIR No.3/1992 and was produced before the Chief Judicial Magistrate, Thane on 24th October, 1993 and was remanded to police custody till 20th November, 1993. He was again shown to have been arrested on 20th 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 21st December, 1993.
(3.) 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 23rd 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 30th December, 1993. On an application filed by the Public Prosecutor under Section 299 of the Code, an order was passed by the Designated Judge on 1st January, 1994.;