Sachin Bajrang Kawde v. The State Of Maharashtra And Others

939-Cri-WP-315-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 315 OF 2022 Sachin Bajrang Kawde ... Petitioner

Versus

The State of Maharashtra and others ... Respondents ....

Mr. Rahul R. Karpe, Advocate for petitioner Mr. S. P. Sonpawale, APP for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 09th MARCH, 2022 PER COURT :- .

The challenge in this petition is to the order dated 16.02.2022, rejecting the application seeking permission to cross examine PW-1.

2.

Heard. Perused the order impugned herein.

3.

The petitioner herein is accused No.1 in Special Case No.8 of 2018. If the application is not allowed the petitioner would suffer. It would amount admitting evidence of PW1 in criminal case without affording an opportunity of cross examination for and on behalf of the petitioner herein.

(( 2 )) 939-Cri-WP-315-2022 4.

To ensure all fairness and observance of the principle of natural justice, the petition is allowed.

5.

The order impugned herein is therefore set aside. The trial Court, shall offer the petitioner, an opportunity to cross examine prosecution witness.

6.

The petitioner to cooperate the trial Court.

7.

The parties to act upon an authenticated copy of this order.

[ R. G. AVACHAT, J. ] SMS