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2024 Supreme(SC) 254

ABHAY S. OKA, UJJAL BHUYAN
Ekene Godwin – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Pranesh Rajamanickam, Adv. Ms. Alia Banozaidi, Adv. Ms. Sonali Gambhir, Adv. Mr. Rohan Gupta, Adv. Mr. Varun Kumar, Adv. Ms. Shashi Kiran, AOR Mr. Arjun Sain, Adv. Mr. Nishant Kumar, Adv. Mr. Akash Vats, Adv. Mr. Raavi Jotwani, Adv.
For the Respondent(s): Mr. V. Krishnamurthy, Sr. A.A.G. Mr. D. Kumanan, AOR Mrs. Deepa S., Adv. Mr. Sheikh F. Kalia, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted. Heard the learned counsel appearing for the appellants and the learned senior counsel appearing for the respondent-State.

2. The appellants are being prosecuted for offences punishable under Sections 419 and 420 of the Indian Penal Code, 1860 and Section 66, read with Sections 43(J) and 66D of the Information Technology (Amendment) Act, 2008. The charge sheet has been filed, and the trial has proceeded. By the impugned order, the High Court rejected the appellants’ application for regular bail.

3. During the hearing on an earlier date, we were informed that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses (PW-1 to PW-12) one after the other on different dates without recording their cross-examination. Therefore, considering this peculiar procedure followed by the learned trial Judge, we requested the learned trial Judge to submit a report.

4. We have perused the report dated 11th March 2024 of the Trial Court, which records that by an order dated 27th June 2023, a direction was issued by the High Court to complete the trial preferably within a period of four months. Therefore, the charge was framed on 30th May 20

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