RONGON MUKHOPADHYAY,J. - (1.) This application is directed against the order dated 22.8.2016, passed by the learned Additional Sessions Judge-X-cum-Special Judge, C.B.I., Dhanbad in R.C. Case No. 19 of 1986(P), whereby and where-under prayer of the petitioner under section 315 Cr.P.C., 1973 as also the petition under section 294 of Cr.P.C., 1973 has been rejected.
(2.) It has been submitted by the learned senior counsel for the petitioner that petitioner wants to be examined as a defence witness, for which an application under section 315 Cr.P.C., 1973 was filed. It has further been submitted that prosecution has taken almost 19 years to conclude the evidence and without giving sufficient opportunity to the petitioner, evidence of the defence witness has been closed. It has also been submitted that if one opportunity is given to the petitioner to depose as a defence witness, the defence shall conclude the argument on the same day, on which date, the petitioner is examined as a defence witness. It has been submitted on behalf of the petitioner that evidence of other co-accused persons have been concluded and so far as present petitioner is concerned, argument is on the verge of conclusion.
(3.) Mr. K.P. Deo, learned counsel for the C.B.I., has opposed the prayer made by the learned senior counsel for the petitioner and referring to the counter affidavit has stated that fate of other two cases is dependent on R.C. Case No. 19/1986 (P). It has been submitted that earlier also, petitioner had made prayer to get himself examined, which has been rejected by the learned trial court and therefore prayer of the petitioner cannot be acceded to.;