Section 391: SC requests to hear application under Section 391 for adducing additional evidence as earliest
In this case of Asim@ Mumkin @ Asif Abdul karim Solanki v. the state of gujrat , the High Court disposed of the application by observing that the appellant is at liberty to submit an appropriate application at the time when the appeal is finally heard. The High Court relied upon Union of India v. Ibrahim Uddin 2012 (8) SCC 148 to hold that the application for taking additional evidence on record should be heard at the time of final hearing of the appeal.
The bench comprising Justices L. Nageswara Rao and Deepak Gupta noted that,the
application filed by the Appellant in this case is under Section 391 of the Cr.P.C., which empowers the Appellate Court to either take evidence by itself or direct the evidence to be taken by a Magistrate or a Court of Session, if it is satisfied that the additional evidence is necessary, after recording reasons.
“Section 391 of the Cr.P.C. does not impose any restriction as to when the application filed for adducing additional evidence should be heard by the High Court. In fact, we are of the opinion that it is desirable that an application filed under Section 391 should be heard immediately after it is filed without waiting for the appeal to be finally heard.”
The court further said,“Without making any observation on the merits of the case or the application filed under Section 391, we request the High Court to hear the application under Section 391 at the earliest.”