BHARATSINH VAGHSINH BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is directed against the order dtd. 13/3/2019 passed below Exh. 59 by which the learned Additional Sessions Judge, Valsad, rejected the prayer to reopen the right of the applicants to cross- examine PW3 Mr. H.G. Rana, who is the raiding officer of the case.

(2.) The facts, in brief are that, the applicants are facing the trial of corruption case, pending before the learned Special Judge, Valsad. The PW-3 Mr. H.G. Rana had entered into witness box on 20/12/2017 and after completion of the chief examination, the matter was further adjourned to 30/4/2018 and thereafter, it was adjourned time to time. On 12/9/2018, when matter was fixed for cross-examination of the witness - PW-3, the counsel for the applicants sought time as their counsel Mr. D.C. Shastri suffered heart attack. The trial Court vide order dtd. 12/9/2018, rejected the application and right to cross-examination was closed down. On 13/3/2019, the applicants herein have moved an application Exh.59 to reopen their right to cross-examine the PW-3 and on the same day, the learned Judge did not consider the reasons mentioned in the application and on the ground of delay, the application was rejected.

(3.) Dissatisfied with the order, the instant application has been preferred by the applicants, mainly on the ground that, the witness PW-3 is important witness as being a Raiding Officer, he had undertaken the entire raid proceedings and therefore to examine the truthfulness of the facts stated by the witness, the opportunity must be given to the accused to cross- examine the material and important witness.