HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 5561/2021

1.

Kalpesh Bohra S/o Lt. Sh. Chainsukh Bohra, Aged About

41 Years, B-89, Shatri Nagra, Opposite Solanki Cinema

Bhilwara.

2.

Smt. Leela Devi W/o Lt. Sh. Chainsukh Bohra, Aged

About 60 Years, B-89, Shatri Nagra, Opposite Solanki

Cinema Bhilwara.

3.

Miss Apeksha D/o Lt. Sh. Chainsukh Bohra, Aged About

35 Years, B-89, Shatri Nagra, Opposite Solanki Cinema

Bhilwara.

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. RS Mankad

For Respondent(s)

:

Mr. Andaram Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

24/11/2021

1.

By way of instant cr.misc.petition, challenge has been made

to the order dated 24.8.2021 passed by the learned Chief

Judicial Magistrate, Udaipur in Cr. Case No.2413/2021

whereby an opportunity to lead defence evidence has been

closed.

2.

Learned counsel for the petitioner submits that the petitioner

is facing trial for accusation of offence under Sections 498A

and 406 of the IPC. It is submitted that on 24.8.2021, an

application came to be submitted before the trial Court

intending to lead evidence in defence, but the same has

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[CRLMP-5561/2021]

been rejected holding that several opportunities had already

been granted.

3.

Learned counsel submits that right to lead evidence is akin

to fundamental right to defend oneself and the same is

guaranteed under the Constitution of India. He submits that

the petitioner is ready and willing to deposit the cost of

proceedings for the inconvenience caused due to non-

producing the defence evidence within the time frame, but at

the same time, he should not be deprived from his right to

lead evidence in defence.

4.

Heard and perused the material as made available by

learned counsel for the petitioner.

5.

Although the proceedings before the learned trial Court is

pending since long, but looking to the facts and

circumstances of the case and the willingness of the

petitioner to deposit the amount of cost for the

inconvenience caused in not producing the defence evidence

on earlier occasions, I deem it appropriate to grant one last

opportunity to lead evidence in defence with the stipulation

that on the coming next date, the accused-petitioner shall

make available his witness before the learned trial Court for

the purpose of examination, subject of course on payment of

cost of Rs.10,000/- payable to the Rajasthan Legal Services

Authority, Bhilwara.

6.

Accordingly, this cr.misc.petition is hereby allowed. The

order impugned dated 24.8.2021 is set aside and it is

directed that the accused-petitioner shall produce his witness

in the trial court on the coming next date and he shall be

examined as per the direction of the learned trial Court

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[CRLMP-5561/2021]

provided that the cost of Rs.10,000/- to be paid to the

Rajasthan Legal Services Authority, Bhilwara shall be

deposited by the accused-petitioner on the next date of

hearing, failing which, the trial Court shall not permit the

accused-petitioner to produce his witness for defence

evidence.

7.

Needless to observe that if the defence evidence is not

produced on the date to be fixed by the learned trial Court,

the right to lead defence shall be deemed to be closed

without any further reference.

8.

The stay application also stands disposed of accordingly.

(FARJAND ALI),J

108-CPGoyal/-