Bombay High Court
Sachin S/O Suresh Pagare And Anr vs The State Of Maharashtra on 1 December, 2016
Bench: Z.A. Haq
1 Cr.W.P. 1536.2016 - [J]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1536 OF 2016
1. Sachin s/o Suresh Pagare
Age : 26 Yrs., Occ. : Labour,
R/o : Milind Nagar,
Osmanpura, Aurangabad.
2. Anil s/o Pralhad Badade
ig Age : 21 Yrs., Occ. Labour,
R/o : Milind Nagar, ..... PETITIONERS/
Osmanpura, Aurangabad. [ACCUSED]
VERSUS
The State of Maharashtra ..... RESPONDENT
.............................
Mr. K.S.Kahalekar, Advocate for Petitioners.
Mr. K.S.Hoke Patil, A.P.P. for Resp. - State.
..............................
CORAM : Z.A.HAQ, J.
DATE OF JUDGMENT : 1st DECEMBER, 2016
.............................
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ORAL JUDGMENT :
01. Heard Mr. K.S.Kahalekar, learned Advocate
for the Petitioners and Mr. K.S.Hoke Patil, learned
A.P.P. for Respondent - State.
02. Rule. Rule made returnable forthwith.
ig The petitioners/accused have challenged
the Order passed by the learned Additional Sessions
Judge rejecting the application filed by them for
recalling the witness.
04. The observations of the learned Additional
Sessions Judge shows the calculated move on the
part of the accused to delay the matter. However, to
give an opportunity to the accused, the learned
Advocate appearing for the accused was asked to
enquire whether the accused are willing to deposit the
amount of Rs. 20,000/- [Rupees Twenty Thousand] to
show bonafides. The matter was kept back. The
learned Advocate for the petitioners/accused states
3 Cr.W.P. 1536.2016 - [J]
that the accused are willing to deposit the amount of
Rs. 20,000/- before the Sessions Court.
05. Though the impugned order can not be
faulted with, to give an opportunity to the accused,
the following order is passed :
(i) ig The impugned Order is set aside.
(ii) The request of the accused to recall
the Investigating Officer for cross
examination is granted subject to
depositing Rs. 20,000/- before the
Sessions Court.
(iii) If the amount of Rs. 20,000/- is deposited
before the Sessions Court within 15 days
from today, the learned Additional Sessions
Judge shall recall the Investigating Officer
to enable the accused to cross examine
him. It is undertaken on behalf of the
accused that the witness will be cross
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examined on the date on which the
witness remains present. If the accused
fails to deposit Rs. 20,000/- within 15
days or fails to cross-examine the witness
on the date on which he remains present,
the accused shall loose the opportunity of
cross examining the witness and the
ig learned Additional Sessions Judge shall
proceed further in the matter.
(iv) The learned Additional Sessions Judge may
pass appropriate order regarding
disbursement of Rs.20,000/- which may be
deposited by the accused as per this order.
(v) Criminal Writ Petition is disposed of in the
above terms.
[Z.A.HAQ, J.]
KNP/Cr.W.P. 1536.2016 - [J]
