SIYA RAM GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Anil Sinha, learned Sr. counsel appearing for the petitioner, submits that even at this stage of the trial, since the defence evidence has not been concluded and because the petitioner-accused under law is entitled to lead defence evidence, he be permitted to get the question of sanction raised in the trial Court by the production of defence evidence.

(2.) After hearing the learned counsel for the parties and on perusal of the order dated 20.9.2001, I am of the view that if the defence evidence is still open, the trial Court can not put any fetters on the accused asfaras the leading of the defence evidence is concerned. It is entirely upto the accused to summon any defence evidence that he likes.

(3.) With the aforesaid observations this petition is disposed of.