The Bombay High Court at Aurangabad has dismissed a plea by a retired government officer, accused under the Prevention of Corruption Act, seeking to recall a key prosecution witness for cross-examination in a 2018 trial. Justice Kishore C. Sant noted that the de facto complainant (PW-2) had been waiting for cross-examination for nearly five years and that the defence had repeatedly squandered opportunities, leading to three separate “no cross” orders by the trial court.
Despite earlier leniency twice setting aside “no cross” orders subject to costs, the defence failed to proceed with cross-examination on multiple scheduled dates, citing reasons ranging from personal functions to absence of counsel. The Court condemned the accused’s conduct as “utter disregard to court proceedings,” stressing that misplaced sympathy would only encourage such practices and waste judicial time.
Citing Supreme Court observations in Swaran Singh v. State of Punjab, (2005) 5 SCC 668 on witness harassment and the need for strict trial monitoring, the High Court upheld the trial court’s refusal to set aside the latest order. The petition was dismissed with costs of ₹50,000 payable to the District Legal Aid Centre, Aurangabad, and the trial court was directed to conclude the proceedings within three months (para 18).
Appearances:
Mr. Nilesh S. Ghanekar, Advocate for the Petitioner.
Smt. Chaitali Choudhari-Kutti, APP for Respondent No. 1/State.
Mr. Sachin S. Panale, Special P.P. for C.B.I./Respondent No. 2.