- (1.) CRM-14689-2015 Misc. application is allowed. For the reasons mentioned in the application, delay in filing of the criminal revision petition is condoned. CRR No.1592 of 2015 In a trial against Dr.Swaran Singh, besides respondent Nos.l to 4, on the charge of grave misconduct in the capacity as Principal Secretary, Cultural Affairs, Punjab, by constituting a Committee and misappropriating huge money for celebrating birth Centenary of Shaheed-e-Azam S.Bhagat Singh, by misusing his connections with various artists, an application under Section 319 Cr.P.C., for arraying respondent Nos.5 and 6, as additional accused was dismissed by the trial Court.
(2.) State counsel has contended that on the basis of the evidence which has been produced on the record, the complicity of respondent Nos.5 and 6, Rajpal Singh and Sham Sunder, stands established, warranting their trial along with the main accused. I have heard the State counsel as well as the counsel for the respondents. It is pertinent to observe here that Sham Sunder respondent No.5 has appeared as a prosecution witness (PW.6) and Rajpal Singh, respondent No.6, has appeared as a prosecution witness (PW35).
(3.) Application under Section 319 Cr.P.C. was moved at a belated stage after examination of 40 prosecution witnesses. The trial Court while considering the application for summoning additional accused, in paras 12, 13 and 14, has observed as follows: - 12. It is also irksome to observe that even if the case in hand was inquired into by senior functionaries of Vigilance Bureau who concluded that Rajpal Singh and Sham Sunder have to be cited as witnesses and not arrayed as accused and where this final report was abetted and approved by the same prosecuting agency and where charges were framed on 21.3.2013, and by now 40 witnesses of the prosecution have been examined, the public prosecutor has woken up with this application at this fag end of the case which would not, in considered opinion of the Court, help cause of justice, in any manner. Why the prosecution wants to bring clock back in such a manner and put 40 of its witnesses, already examined so far, to take the trouble of deposing again. Many of whom are from Mumbai and Delhi, aged, infirm and sick. 13. It is observed again, at the cost of tautology that there is no evidence which was collected by the investigating agency against Rajpal Singh and Sham Singh and therefore, no witness is going to depose against them and trial against them cannot be ordered only on presumptions being drawn by the prosecutor. 14. For all that has been discussed hereinabove, the application is found to be devoid of merits and is dismissed.";