RAJENDRA YASHWANT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the Applicant and the learned APP.

(2.) THE applicant has filed this application under Section 391 of Cr.P.C. seeking leave to examine Dr. Hardas, Head of Psychiatric Department, J.J.Hospital, Mumbai as defence witness.

(3.) THE learned APP, on the other hand, submitted that the impugned order apparently discloses absence of any justification for non-examination of the concerned Doctor at the trial stage. Undisputedly, Dr. Hardas was one of the Doctors who had examined the applicant while he was under treatment in the Hospital and the application for examination for Dr. Hardas could have been very well made by the applicant during the trial. There is no justification to allow the applicant to examine Dr. Hardas at this stage.