IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 199 OF 2009 SHRI. SACHIN BORKAR ... Applicant Versus STATE THROUGH PUBLIC PROSECUTOR ... Respondent Shri S. D. Lotlikar, Senior Advocate with Ms. G. Xettigar, Advocate for the Applicant. Shri C. A. Ferreira, Public Prosecutor for the Respondent. Coram:- N. A. BRITTO, J. Date:- 20th July, 2009 P.C.:- Heard. PW2 and PW4 in C. C. No. 150/S/03/I have remained without being cross-examined on account of absence of Counsel on behalf of the applicant/accused. Without going to the merits of the controversy, the Order dated 20-11-2008 is hereby set aside and the learned trial Court is directed to give to the applicant/accused an opportunity to cross-examine the said witnesses on a condition that the accused pays a sum of Rs.1000/- to each of the said witnesses. Learned Counsel on behalf of the applicant undertakes to pay a sum of Rs.3000/- by way of costs to the State/Complainant which shall be credited into the account of the State Legal Services Authority. It is further made clear that in case the Advocate for the accused does not remain present on the day the accused is present, the accused himself will be given an opportunity to defend his case. With the above observations, application is disposed of. The costs to the witnesses to be deposited before the trial Court within a period of ten days and the costs to the State also to be deposited within a period of ten days. N. A. BRITTO, J. RD.