Bhuvnesh Prakash Sharma vs State (Govt. Of Nct Of Delhi)
2019 Latest Caselaw 707 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          Date of Order: February 04, 2019

+     CRL.REV.P. 1137/2018 and Crl.M.A. 49709/2018
      BHUVNESH PRAKASH SHARMA                                ..... Petitioner
                           Through:      Mr. R.N. Sharma, Advocate
                           Versus
      STATE (GOVT OF NCT OF DELHI)                           ..... Respondent
                           Through:      Mr. M.P. Singh, Additional Public
                                         Prosecutor for State
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   ORDER

(ORAL) Impugned order of 22nd October, 2018 declines petitioner's application for getting Suraj Mal and Dimple Ahuja summoned in defence.

Learned counsel for petitioner submits that name of Suraj Mal is very much mentioned in the suicide note and the evidence of Dimple Ahuja is necessary to prove the financial transaction which has an important bearing on the facts of instant case. It is also stated that the case is pending before trial court for recording of evidence.

Learned Additional Public Prosecutor for respondent-State supports the impugned order.

Upon hearing and on perusal of the impugned order, I find that if petitioner is not allowed to get Suraj Mal and Dimple Ahuja examined and cross-examined, then his defence would be prejudiced, as the evidence of these two witnesses has a vital bearing on the merits of the

case.

Accordingly, the impugned order is set aside with direction to trial court to summon Suraj Mal and Dimple Ahuja for recording of evidence on the date fixed. Let the trial court make all the endeavours to conclude the defence evidence on the date so fixed.

This petition and application are accordingly disposed of with aforesaid directions, while not commenting on merits.

Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 04, 2019 p'ma