STATE OF MAHARASHTRA Vs. DARSHANA MUKESH JALODIYA

JUDGEMENT

(1.) Heard Mr. Anand Fulzele, learned Additional Public Prosecutor for the applicant-State and Mr. A.D. Hajare, learned counsel for respondent Nos. 1 and 2. Admitted. Heard finally.

(2.) The applicant-State feels aggrieved by the order passed by learned Additional Sessions Judge rejecting the prayer of the applicant to examine the Branch Manager, Oriental Bank of Commerce, Namakkal Branch of Tamil Nadu State. The applicant wanted to establish that deceased Mukeshkumar had a joint account in the said Branch along with accused No. 1 - Darshana. The applicant also wanted to establish during the course of trial that accused No. 1-Darshana was wife of deceased-Mukeshkumar. The prayer of the applicant to examine the Branch Manager was granted. It appears that the Branch Manager could not appear before the Court on due date because summons could not be served. When a fresh prayer was made by the applicant, the same was rejected.

(3.) Learned Addl. P.P. Mr. Anand Fulzele has submitted that the Branch Manager is a material witness considering the fact that the accused No. 1 denies that she was wife of the deceased. The prosecution has to bring on record the circumstances and material to establish that the deceased was husband of accused No. 1.