The 'evidence' herein means the material that is brought before the Court during trial. Insofar as the material/evidence collected by the 10 at the stage of inquiry is concerned, it can be utilised for corroboration and to support the evidence recorded by the Court to invoke the power under Section 319 Cr.P.C. No doubt, such evidence that has surfaced ini examination-inchief, without cross- examination of witnesses, can also be taken into consideration. However, since it is a discretionary power given to the Court under Section 319 Cr.P.C. and is also an extraordinary one, same has to be exercised sparingly and only in those cases where the circumstances of the case so warrants. The degree of satisfaction is more than the degree which is warranted at the time of framing of the charges against others in respect of whom charge sheet was filed. Only where strong and cogent evidence occurs against a person from the evidence led before the Court that such power should be exercised. It is not to be exercised in a casual or a cavalier manner. The prima facie opinion which is to be formed requires stronger evidence than mere probability of his complicity. 14. Learned counsel for the petitioners would rely on the judgment of Hon'ble Apex Court in Sunil Kumar Gupta vs The State Of Uttar Pradesh^, the Apex Court has referred the judgment in Sarabjit Singh and Another vs. State of
