RAVINDRANATH MISHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Bhojane, learned Counsel for the applicant and Mrs. Mhatre, learned APP for the State.

(2.) The applicant is accused in Sessions Case No. 130/2005 before the Additional Sessions Judge Thane. On 22nd March, 2007, the matter was fixed for hearing. On that day, three prosecution witnesses being P. W.10, P. W.11 and P. W.12 were present. However, when the matter was called in the first half of the day, Mr. Shejpal, Counsel for the accused was not present and on his behalf another Advocate Ms. Nitin Bhunne, had made a statement that Mr. Shejpal would be available at2. 30 P. M. However, at2. 30 P. M. Mr. Sejpal was not present to cross-examine the witnesses. At that time, the application was made by Mr. Bhunne, Advocate stating that Mr. Sejpal has gone to attend the funeral of his relative at Kandivali and was therefore, unable to appear before the Court and to cross-examine the witnesses. With this reason, he prayed for adjournment of the case for cross-examination of those three witnesses. Application came to be rejected. Being aggrieved by the said rejection, the accused has preferred the present application seeking direction to the trial Court to recall those three witnesses for cross-examination.