Document Fragment View

Matching Fragments

2. The instant petition arises from the criminal proceedings wherein, the petitioner who is facing charges under the Prevention of Corruption Act, 1988 sought production of the original recording device, a cloned copy of the CD containing the alleged evidence and the Hash Value of the purported bribe demand. It is also contended that the request made by the petitioner is crucial for fair and just trial as the same has been predicated upon and apprehension that the supplied CD might not be an accurate reflection of the original recording.

4. Learned counsel for the petitioner has contended that the learned trial Court has committed grave error of law and fact in summarily rejecting the application for the production of the original recording device i.e. a cloned copy of the CD containing the alleged evidence, and the Hash Value of the purported bribe demand. This rejection is contrary to the established legal principle enunciated by the Hon'ble Supreme Court in P.Gopal Krishnan Vs. Sate of Kerala and Ors. reported in (2020) 9 SCC 161 which mandates the disclosure of all evidence to the accused for a fair trial, constitutes a serious violation of the petitioner's fundamental rights. Apart from the above, the trial court has failed to appreciate significance of this evidence. It is contended that the copy supplied by the prosecution along with the charge sheet to the petitioner is only a dubbed copy and not a cloned copy, thereby denying the rights of the petitioner-accused for obtaining a copy of the complete conversation. For this purpose, the petitioner has relied upon the decision of Hon'ble Apex Court in the case of P.Gopal Krishnan (Supra), order of the Division Bench of this Court in the case of Ramsuhawan Anuragi Vs. The State of M.P dated 19th December, 2023 in M.Cr.C.No.54973 of 2023 and the judgment, order of the Single Bench of Rajasthan High Court in Jaideep Mittal Vs. State of Rajasthan on 07.01.2025 in Cr.Misc. (Petition) No.7024 of 2022 and order dated 13.09.2023 in the case of Anil Saraswat Vs. NEUTRAL CITATION NO. 2025:MPHC-GWL:32265 3 MCRC-35800-2025 State of Rajasthan in Cr.Misc. (Pet.) No.798 of 2023.