The word “appear” means “clear to the comprehension”, or a phrase near to, if not synonymous with “proved”. It imparts a lesser degree of probability than proof. In Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094, a four Judge Bench of the Hon’ble Apex Court was concerned with the meaning of the word “appear”. The Court held that the appropriate meaning of the word “appears” is “seems”. It imports a lesser degree of probability than proof. In Ram Singh v. Ram Niwas, (2009) 14 SCC 25, a two Judge Bench of the Hon’ble Apex Court was again required to examine the importance of the word “appear” as appearing in the Section. The Court held that for the fulfillment of the condition that it appears to the Court that a person had committed an offence, the court must satisfy itself about the existence of an exceptional circumstance enabling it to exercise an extraordinary jurisdiction. What is therefore, necessary for the court is to arrive at a satisfaction that the evidence adduced on behalf of the prosecution, if unrebutted, may lead to conviction of the persons sought to be added as the accused in the case. Hardeep Singh v. State of Punjab, (2014) 2 SCC (Cri) 86.
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