V.S. SHARMA Vs. THE STATE
LAWS(DLH)-2008-1-355
HIGH COURT OF DELHI
Decided on January 15,2008

V.S. Sharma Appellant
VERSUS
THE STATE Respondents

JUDGEMENT

SANJAY KISHAN KAUL,J. - (1.) Crl. M. No. 14014/2007 Allowed subject to all just exceptions. Crl. M. No. 14013/2007 The basic ground for seeking condonation of delay is that one of the petitioners is a chronic patient of Cancer and is periodically hospitalised. For the reasons stated in the application, the application is allowed. Crl. Rev. P. No. 730/2007 and Crl. M. No. 14012/2007 The petitioners are aggrieved by the impugned orders whereby the right of the petitioners to lead defence evidence was closed. It is not in dispute that the petitioners have been given more than one opportunity to produce their evidence subject to costs. The case is 21 years old.
(2.) Learned counsel for the petitioners states that the case has been prolonged because of the prosecution evidence and their turn to lead evidence came only in the year 2006. Be that as it may, even thereafter, opportunities have been given to the petitioners. It cannot be a right of the petitioners to keep prolonging the matter on the pretext that since the prosecution took long to produce the evidence, they should be given equally long time to produce the evidence.
(3.) After hearing learned counsel for the parties, learned counsel for the petitioners confines the request to one last opportunity to be given before the trial court to produce the defence evidence, failing which, no further opportunity shall be given.;


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