Non availability of counsel due to illness not a valid ground to recall witness under section 311 of crpc

The Supreme Court in State of Haryana vs. Ram Mehar & Others has held that, recalling of witnesses as envisaged under Section 311 of the Code of Criminal Procedure on the grounds that accused persons are in custody, the prosecution was allowed to recall some of its witnesses earlier, the counsel was ill and magnanimity commands fairness should be shown, is not acceptable.

Apex Court Bench comprising of Justices Dipak Misra and U.U. Lalit set aside a Judgment of High Court which had allowed the accused to recall the witnesses on the aforementioned grounds.

Crl Appeal No. 805,806.2016
Supreme Court of India
Courtesy Live Law