1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1322/2010 (Sunil Govindraoji Nasre .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.M. Gandhi, Advocate for applicant, Mr. N.W. Sambre, Public Prosecutor for non-applicant. .......... CORAM : P.D. KODE, J. DATED : SEPTEMBER 21, 2010 Heard. Perusal of the order impugned in the petition reveals that while considering the request made by the prosecution under Section 311 of the Code of Criminal Procedure for recalling of the witnesses, the essential matters required to be taken into consideration were not at all taken into consideration by the trial Court. Even the application preferred by the prosecution fails to depict the evidence essential for just decision of the trial remained to be brought on record. Having regard to same the order impugned passed de hors the said aspect cannot be sustained and deserves to be quashed and set aside. However, having regard to the fact that the request was made by the prosecution for recalling of 2 witness for serving the ends of justice, the prosecution deserves to give an opportunity to make an appropriate application for recall of witnesses specifying necessary details. The same would offer an adequate opportunity to the applicant to understand the case for recall of the witnesses intended to be canvassed by the prosecution and so also to the trial Court to decide the same in accordance with the law. In the premises aforesaid, the order dated 29.6.2010 is hereby quashed and set aside. The prosecution is granted liberty to make de novo application giving all the necessary details for recall of the witnesses intended, by withdrawing application at Exh.54 made earlier for such a purpose. The prosecution shall make such application at the earliest and in any event by the next date fix before the trial court. The trial court shall decide the same in accordance with the law, as expeditiously as possible. The application stands disposed of. In view of disposal of main application, Criminal Application (APPP) No.809/2010 also stands disposed of. JUDGE Gulande