VIJAY SURENDRABHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. Counsel Mr. Dhaval D.Vyas for the petitioner. By means of present petition, the petitioner has challenged the legality and validity of the order dated 10.05.2005 passed by the ld. Addl. Sessions Judge, Fast Track court, Gondal below the Examination in Chief of Prosecution Witness No.13 Pravinbhai Labhshankar Mehta at Exh.33 in Sessions Case No.48/1997, whereby the ld. Addl. Sessions Judge permitted the prosecution to cross-examine said PW No.13 Shri Pravinbhai, treating him as a hostile witness.

(2.) The prosecution, during recording of deposition of said PW No.13 Pravinbhai, made a request to cross-examine him saying that the version of the witness is hostile to the case of the prosecution in the background of the statements recorded by the investigating agency. According to the prosecution, in presence of this witness, the accused has demonstrated certain things. Of course, this witness is not a panch witness and is an independent witness through which the prosecution intends to prove the conduct and other aspects including extra-judicial confession by the accused.

(3.) When ld. APP found that this witness is not sticking to his previous statement and found that the approach of the witness is hostile, he sought permission to cross-examine him and it is found that the request was made in accordance with law. It is true that in all such cases, permission may not be granted and this depends on the facts of each case and each witness who is sought to be treated as hostile. Defence counsel, in the present case, objected the said request but after considering the resistance placed by the defence counsel, ld. Addl. Sessions Judge granted permission, as requested.