DALLA Vs. STATE OF MP

JUDGEMENT

(1.) THIS revision has been filed against the impugned order dt. 16.9.2003 and 17.9.2003 by which the trial Court has refused to grant permission to engage the services of another lawyer and thereafter examined PW 3 Sagar Singh, PW 4 Vikram Singh, PW 5 Pahalwan Singh and PW 6 Riyesat Khan. The submission of the learned counsel for the applicants is that in the S.T. under sections 302, 307, 325, 147, 148 and 149 of the Indian Penal Code they prayed for short adjournment on 16.9.2003 and 17.9.2003 for engaging the services of some senior lawyer which was refused. It is further submitted that valuable personal rights of the accused persons are involved in the case, therefore, an opportunity be granted to cross- examine the prosecution witnesses and the accused persons are willing to bear the cost and expenses of the witnesses. I have refused the order sheets. The trial Court has observed that the applicants-accused have refused to take the services of lawyer through legal aid as they were willing to engage some private lawyer. Therefore, in such circumstances and in the interest of justice, on 16.9.2003, the Court should have granted a week's time to the applicants to engage the services of some senior lawyer instead of rejecting the application. During the course of arguments, the learned counsel for the applicants submitted that now they have engaged the services of Shri Suresh Chandra Shrivastaya, Advocate of Guna and they are also prepared to bear the cost of resummoning PW 3, PW 4, PW 5 and PW 6 for the purpose of cross-examination at their own risk. Therefore, considering the facts and features of the case and looking to the nature of the sessions trial and also the paramount interest of the accused persons, in the interest of the justice, a last opportunity be granted to the applicants-accused persons to cross-examine PW 3, PW 4, PW 5 and PW 6, It is made clear that these witnesses shall be summoned at the risk of applicants-accused persons and their cost shall also be borne by the accused persons if they are on bail. It is further made clear that every endeavour shall be made to expedite the trial and the trial shall not be delayed. Thus, with the aforesaid directions, this revision petition is disposed off.