AJAY SINGH DEORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 21.04.2014 passed by the Additional Chief Metropolitan Magistrate, (CBI Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No.05/2010, whereby the trial court has closed the opportunity of the petitioner for producing defence evidence.

(2.) The petitioner along with co-accused is facing trial for commission of offences punishable under Section 420 and 120-B IPC. The trial court has framed the charges against the petitioner for the aforesaid offences on 05.06.2013 and, thereafter, the prosecution evidence was completed on 01.10.2013 and the matter was fixed for recording the statement of the accused persons on 18.10.2013. On that date, the petitioner and the other co-accused persons have submitted an application for exemption and the same was accepted by the court and the matter was fixed for recording the statement of the accused persons on 28.10.2013.

(3.) On 28.10.2013, though the petitioner was present but other co-accused - Raj Kumar was not present, therefore, his bail bonds were cancelled and he was summoned through arrest warrant and the matter was fixed for 12.11.2013. Meanwhile, the other co-accused - Raj Kumar appeared before the Court and was granted bail. However, on 12.11.2013, the petitioner was absent and was granted exemption from the court and the matter was fixed for 23.11.2013. After 23.11.2013 again the matter was fixed on eight occasions for the purpose of recording the statement of the accused person under Section 313 Cr.P.C.