YASHWANT SAHDEV SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both the parties, heard finally at the stage of admission.

(2.) By the present Petition, under Articles 226 and 227 of the Constitution of India, the Petitioner takes exception to the order dtd. 17/1/2023 passed by the learned Additional Sessions Judge-2, Nanded, below Exh. 431 in Sessions Case No.14 of 2007, rejecting the Application of the petitioner for impleading himself as a witness in the Sessions trial.

(3.) The learned counsel for the Petitioner canvass that, the Petitioner is an important witness and he is privy to the conspiracy hatched by the main conspirators Accused (1) Milind Parande, (2) Rakesh Dhawade, and (3) Ravidev (Mithun Chakrawarthy) at Gol Deul, (Round Temple) Khetwadi, Mumbai in the year 2003. It is further alleged that, above main conspirators gave training to the accused persons for manufacturing of bomb and involved in bomb blasts incident occurred in the city of Nanded in 2006 but they were not impleaded as accused because no proper investigation carried out by the Investigating Officer and filed charge-sheet in Sessions Case No.14 of 2007. Therefore, he being a witness and underwent training with the other accused in the bomb manufacturing process, his evidence is necessary for a just decision. Therefore, he filed Exh.431, an Application and sought permission to implead him as a witness, however, on 17/1/2023, the learned Sessions Court rejected Exh.431.