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TUSHAR RAO GEDELA
Choudhary Rajveer Jaiswal – Appellant
Versus
Ram Kumar Roy – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode] CM APPL. 4070/2023 (Exemption from filing certified copies of annexures)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM APPL. 4071/2023(Delay of 68 days in re-filing the appeal)
4. This is an application seeking condonation of delay in re-filing the present petition.
5. For the reasons stated in the application, the application is allowed. The delay of 68 days in re-filing the present petition is condoned.
6. Application stands disposed of.
CM(M) 132/2023 & CM APPL. 4069/2023
7. After hearing arguments of learned counsel appearing for the parties, and keeping in view the order dated 15.01.2020 passed by this Court in Bail Application No. 801/2019 titled as “Chaudhary Rajveer Jaiswal Vs. State of NCT of Delhi” whereby anticipatory bail application of the petitioner was dismissed, and particularly bearing in mind para 4 of the said order, this Court deems fit to give only one chance to the petitioner to examine himself as defendant’s witness before the learned Trial Cou
The court's decision was influenced by the interests of justice, the provisions of the Indian Evidence Act, and the limitations on cross-examination.
The court has the discretion to allow exemption subject to just exceptions and can impose costs to ensure expeditious proceedings.
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
The court condoned a 61-day delay in filing an application and allowed the petitioner to present evidence to facilitate an expeditious resolution of the case.
The importance of timely filing and the bona fides of the petitioner/defendant in allowing the amendment to the written statement.
The court emphasized the necessity of timely witness examination and adherence to fair trial principles, denying bail due to the trial's progress.
Granting one chance to file rejoinder and requesting expeditious disposal of the leave to defend application and final orders
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