Criminal Revision No. 1938 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1938 of 2009 Date of decision: July 30, 2009 Gurmukh Singh -Petitioner Versus State of Punjab -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. HS Thiara, Advocate, for the petitioner. Rajan Gupta, J.(Oral) The only challenge in this revision petition is to the order dated 16th July, 2009 passed by Special Judge, SAS Nagar Mohali, allowing the prosecution to lead additional evidence. Learned counsel for the petitioner has argued that application under Section 311 Cr.PC, which has been preferred by the prosecution at a very belated stage, has been wrongly allowed by the Court below. It has also been argued that the application has been filed with a view to fill up certain lacunae in the prosecution case. I have heard learned counsel for the petitioner and have given careful thought to the facts of the case. Admittedly, trial of the case is still pending. The power under Section 311 Cr.P.C. is wide enough to allow the prosecution to lead evidence at any stage of the trial. In the instant case, the trial Court allowed the application as it felt that it was necessary to examine whether Karamjit Singh was in custody or on bail on the date of occurrence. For this purpose, Criminal Revision No. 1938 of 2009 2 Superintendent, Maximum Security Jail, Nabha was allowed to be summoned as a witness along with record. Learned counsel for the petitioner has not been able to point out any legal infirmity with the impugned order. In view of the law laid down in Rajendra Prasad Vs. Narcotic Cell, (1999) 6 SCC 110, there can be no doubt that the prosecution can be allowed to lead evidence at any stage of trial, if it is necessary for just decision of the case. I thus find no ground to interfere with the impugned order passed by the trial Court. The revision petition is hereby dismissed. [Rajan Gupta] Judge July 30, 2009. 'ask'