OM PRAKASH CHAUTALA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner impugns order dated 03.05.2018, whereby, the application of the petitioner for summoning of the additional defence documents and witnesses has been declined.

(2.) Learned counsel for the petitioner submits that the prosecution took nearly seven years for concluding the prosecution evidence. He submits that the statement in defence of the petitioner under Section 313 Cr.P.C. was recorded on 16.01.2018 and during the course of preparation of the defence evidence, it transpired that these documents and witnesses were necessary for the defence of the petitioner. It is further submitted that no benefit would accrue to the petitioner by delaying the trial as the petitioner is in custody.

(3.) The Trial Court has rejected the application of the petitioner on the premise that no explanation was rendered as to why such an application was not moved at the earliest opportunity. Trial Court further held that the defence could always produce the certified copies of the documents and did not require any assistance of the Court for production of the said evidence.