: 1 : A-474-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 474 OF 2011 Kamal Chakrapani Sharma .. Applicant v/s. State of Maharashtra .. Respondent ......... Mr. M.S. Mohite i/b C.K. Pendse for the applicant Mr. Shirish Gupte, Sr. Counsel i/b Ashish Chavan for the respondent Mr. V.B. Kondedeshmukh, APP for State ......... CORAM : R.Y.GANOO, J. DATE : 11th JULY, 2011. P.C. : 1. Rule. 2. Looking to the facts and circumstances and the points involved in the matter, by consent taken up for hearing. 3. The applicant is an accused in Sessions Case No.177 of 2009 before the learned Extra Joint Adhoc Additional Sessions Judge, Thane (hereinafter referred to as said Court). The applicant is facing a charge under Section 302 of the Indian Penal Code. 4. It is noticed that at the end of arguments on both sides and before the learned Judge of the said Court to dictate the judgment, the : 2 : A-474-11=.doc applicant filed application at Exh.165 requesting the learned Judge of the said Court to permit the applicant to examine two witnesses namely Secretary of Hiranandani Blooming Dale Building, Thane and a representative of M/s. Shri Ram Security Services as and by way of defence witnesses. That application has been rejected by the said Court by its order dated 16th May, 2011. Being aggrieved by order dated 16th May, 2011, the applicant has filed this Criminal Application. 5. I have heard learned Counsel on both sides. Keeping away the reasons mentioned by the said Court in order dated 16th May, 2011, I am of the view that since that applicant is facing a charge under Section 302 of the Indian Penal Code, he should get an opportunity to lead evidence. If this is not done, at the end it could be said by the applicant that he has suffered prejudice and that may create further complications. Learned Counsel Mr. Kondedeshmukh submitted that looking to the stage at which this application at Exh.165 is filed and if at all this Court is inclined to grant the permission to applicant to lead the evidence, the time bound programme be framed. In my view, the order dated 16th May, 2011 is required to be set aside. Applicant is required to be given last chance to defend his case by examining the two witnesses as mentioned aforesaid. The process of examination of these witnesses should come to an end on or before 12th August, 2011. : 3 : A-474-11=.doc Hence, the application is being disposed of by passing following order. ORDER (i) The applicant through his advocate shall file an application requesting the said Court to issue summonses to the Secretary of the Society, Hiranandani Blooming Dale Building, Thane and M/s. Shriram Security Services Ltd.. Upon filing of this application on 16th July, 2011, the learned Extra Joint Adhoc Additional Sessions Judge, Thane in Sessions Case No.177 of 2009 shall issue summonses to those two Authorities / persons and call upon them to remain present. If the applicant wants that certain documents should be produced by anyone of these witnesses, the application for issuance of witness summons shall contain those particulars. Process of examining these witnesses should be over by 12th August, 2011. (ii) For doing this job, the learned Extra Joint Adhoc Additional Sessions Judge, Thane shall attend to the matter on day to day basis and no application for adjournment will be entertained, if it is made on behalf of the applicant. (R.Y.GANOO, J.)