CRM-M No. 35554 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 35554 of 2010 Date of decision: 3.12.2010 CBI ......Petitioner Versus Mahesh Kumar Bansal @ Hautala/Langra/Cheekwan .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sukhdeep Singh Sandhu, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) challenging order dated 14.10.2010 and 21.10.2010 passed by the Special Judicial Magistrate, CBI cases, Ambala. Learned counsel for the petitioner has submitted that FIR was registered on 7.12.1999 in terms of the order passed by this Court in CRM- M No.29425 of 1999 under Sections 120-B read with Sections 420, 467, 468, 469 and 471 of the Indian Penal Code (IPC for short). CBI had filed a chargesheet on 20.3.2002. Charges were framed against the respondent on 23.8.2008. Prosecution was required to examine 70 witnesses. Out of the said witnesses, 44 witnesses were examined up to 14.10.2010. Three witnesses were CRM-M No. 35554 of 2010 2 given up and two witnesses were reported to have died. Now 21 witnesses are to be examined. Learned counsel for the petitioner has assured that the said witnesses will be examined within six weeks at its own responsibility. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be allowed. Vide order dated 14.10.2010, the evidence of the prosecution was closed by order and case was adjourned to 18.10.2010 for recording of the statements of the accused under Section 313 Cr.P.C. However, till date, the statements of the accused have not been recorded under Section 313 Cr.P.C. An application filed by the prosecution under Section 311 Cr.P.C. was dismissed vide order dated 21.10.2010. In the facts and circumstances of the present case, the ends of justice require that the prosecution is allowed some more time to conclude its evidence. Although the chargesheet had been filed by the CBI on 20.3.2002 yet the charges were framed against the accused on 23.8.2008. Thereafter, up to 14.10.2010, 44 prosecution witnesses have been examined. Now 21 prosecution witnesses remain to be examined. In case the prosecution is allowed to examine the said witnesses, the trial will be disposed of on merits. The ends of justice require that the prosecution is allowed opportunity to establish its case by examining the witnesses. CRM-M No. 35554 of 2010 3 Accordingly, this petition is allowed. The trial Court is directed to allow six weeks' time to the prosecution to conclude its evidence from 10.12.2010 onwards and thereafter, the trial Court shall proceed further in accordance with law. The trial court shall give short adjournments to enable the prosecution to conclude its evidence within six weeks. (SABINA) December 03, 2010 JUDGE anita