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2010 Supreme(Bom) 631

V.M.KANADE
Rajendra Bhau Patole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Raju Yamgar for Petitoners. Mrs. R.V. Newton, APP for State.

Judgment :-

1. Heard the learned Counsel appearing on behalf of the Petitioners and the learned APP for the State.

2. The Petitioners are challenging the order dated 23.3.2010 on Exhibit 26 passed by the learned Sessions Judge, whereby the learned Sessions Judge rejected the Petitioners application to recall prosecution witness No.1 and 2 for further cross examination.

3. The learned Counsel for the Petitioners submit that their earlier advocate had failed to confront these two witnesses with certain statements and supplementary statements. He submitted that only two witnesses are to be examined and it would not take more than 1/2 hour in further cross examination.

4. In my view, in the interest of justice, it would be appropriate if the Petitioners be permitted to cross examine these two witnesses. Hence, the impugned order is set aside. The Applicant is permitted to cross examine the PW 1 and 2. However, if these witnesses do not remain present, appropriate orders will be passed.

5. Petition is, accordingly disposed of.

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