ARUN GULABRAO GAWLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Appeal is taken up for hearing forthwith. The question which arise for consideration in this Appeal preferred by the appellant under the provisions of MCOC Act is whether the appellant is entitled for copy of statement of approver recorded during the course of investigation while he was arraigned as an accused.

(2.) The applicant is aggrieved by the order dtd. 14/2/2020, rejecting the application preferred by the applicant seeking copy of statement of approver Sudhir Ghorpade.

(3.) The submission of the appellant is that the approver was arrested as accused, and, during the course of investigation, his statement was recorded by the investigating agency. He was thereafter made approver and examined as prosecution witness in the trial, wherein the appellant is tried as an accused. The approver has ceased to be an accused. His statement recorded while he was an accused will have to be treated as previous statement. The appellant is entitled for copy of such statement, to confront the approver by cross examination.