In Brief
The State challenged a High Court order denying applications to recall two witnesses (PW-1 and PW-11) under Section 311 of the CrPC in an anti-corruption trial. The prosecution sought to mark a crucial Board approval document that the accused disputed. The Supreme Court held that delay in filing recall applications cannot be a sole ground for rejection if the evidence is essential to just decision of the case. The Court emphasized that Section 311 grants wide discretionary power, which must be exercised judiciously to meet the ends of justice, not arbitrarily, and that the duration of pending cases alone is not decisive. The Court allowed the appeals and permitted the witness recall.
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