LAWS(BOM)-2024-12-138

SHIVAJI RAGHUNATH MOHITE Vs. STATE OF MAHARASHTRA

Decided On December 09, 2024
Shivaji Raghunath Mohite Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Ms. Vora, learned Advocate for Applicant and Ms. Krishnaiyer, learned APP for Respondent - State.

(2.) Present Criminal Revision Application (for short "CRA") is placed before me by the Registry in view of the letter dtd. 14/11/2024 addressed by the learned Principal Judge/Sessions Judge, City and Sessions Court, Greater Mumbai addressed to the Registrar (Judicial) of this Court.

(3.) The order in question is dtd. 10/9/2024 passed in Criminal Revision Application No.380 of 2024. By virtue of that order, the impugned order dtd. 29/5/2024 was set aside in respect of PW-1 and PW-10 and Applicant was permitted to re-cross-examine PW-1 on the point of C.D. containing CCTV footage from Yatrik Bar and also PW-10 for the limited aspect as stated in the order. When this order was placed before the learned Trial Court, re-cross-examination of PW- 1 was taken up and concluded. Thereafter PW-10 was recalled and during his cross-examination, he was confronted with certain statements as also questions pertaining to certain statements of witnesses which were recorded. It appears that some disagreement arose between the learned Advocate for the accused and learned Court with respect to whether this Court had allowed PW-10 could be confronted with respect to the statements of witnesses as put to him. PW-10 is the IO.