SURESH MANSING JARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to amend to add prayer clause. Amendment be carried out forthwith.

(2.) Petitioner is facing prosecution vide Special ACB Case No.50 of 2015 pending on the file of learned Additional Sessions Judge, Baramati, District Pune. Petitioner is prosecuted for the offences u/s.7. 13(1)(d) r/w 13(2) of Prevention of Corruption Act . Trial had commenced. The complainant was examined. The examination in chief of the complainant (PW-1) was recorded on 7/11/2022 and subsequently on 27 th January 2023. When examination in chief was over, advocate representing petitioner was not present as he was ill. Junior advocate represented him. The order dtd. 27/1/2023 was passed by Additional Sessions Judge, Baramati observing that Advocate for the accused is absent and Advocate Deepak Khomane is present on his behalf. He declined to cross examine. Hence "No cross" recorded.

(3.) Application for recalling PW-1 for conducting cross examination of said witness was preferred before Trial Court on 23 rd February 2023 stating that prosecution had examined PW-1 on 27 th January 2023 and at that time advocate for accused was not present as he was ill. On that day examination in chief was completed and due to absence of advocate for accused no cross order was recorded. Considering the grievousness of the order it is necessary that legal representation should be done and cross examination must be done otherwise it would cause prejudice to the accused and recalling of said witness would not cause any prejudice to the prosecution. Therefore it was humbly prayed that PW-1 (complainant) may be recalled. Learned Additional Sessions Judge vide order dated 23 rd February 2023 rejected the said application. It was observed that record shows that witness was present on warrant and his examination in chief was completed. No application for adjournment was filed nor any adjournment was sought but learned counsel declined to cross examine the witness. The reason that in the absence of counsel cross examination is not recorded is devoid of any merit. Considering that the matter is old and for want of sufficient reason application is rejected.