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2015 DIGILAW 1733 (RAJ)

Bheru Singh Jhala v. State of Rajasthan

2015-10-05

NIRMALJIT KAUR

body2015
JUDGMENT 1. - This is petition under Section 482 Cr.P.C. against the Order dated 05.06.2015 passed by the Special Judge, Sessions Court, Prevention of Corruption Cases, Udaipur in Criminal Case No. 12/2000 vide which the defence evidence of the petitioner has been closed at the stage of Section 313 Cr.P.C. While closing the defence evidence, the trial court noted that the defence evidence was being recorded since the year 2011 and in spite of the same, the petitioner has not produced the defence witnesses. Thereafter, the defence evidence was closed abruptly. 2. While praying for setting aside the order impugned, learned counsel for the petitioner contended that the prosecution completed its' evidence on 25.10.2010. On 03.01.2011, the petitioner submitted a list of 31 witnesses in his defence. It is contended that as many as 11 witnesses have been examined. However, for one reason or the other, the remaining witnesses could not be examined either due to the strike of the advocates, the Presiding Officer being on leave or on account of long cross-examination by the prosecution of the defence witnesses. Moreover, the prosecution itself took almost 10 years to produce the prosecution witnesses. It is contended that the delay in the trial is not on account of the petitioner as is evident from the order-sheets. 3. These facts are not disputed by the learned counsel for the State. 4. Thus, taking into account the facts of the case as also in the interest of justice, this Court deems it proper to grant another last opportunity to the defence to produce their evidence. 5. Accordingly, the Order dated 15.06.2015 passed by the Special Judge, Sessions Court, Prevention of Corruption Cases, Udaipur is set aside and the misc. petition is allowed with the following directions:- (A) The petitioner shall produce the remaining witnesses in his defence within a span of three months from the next date of hearing before the trial court and with a maximum of 10 hearings as the defence witnesses are as many as 14 in number. However, the number of hearing can be extended as per the discretion of the trial court but under no condition, the same will be beyond the period of three months. (B) The above order is subject to the payment of Rs. 10,000/- as cost. *******