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Court to Rule on Darshan’s Co-accused Approver Status
Developing
Darshan’s counsel, Hashmath Pasha, argued that the trial court’s decision was based on a report on Rao’s antecedents, family, and whether he was likely to falsely implicate other accused people and lie before the court. On August 25, the trial court allowed Rao to turn approver and allowed the prosecution to examine him as a prosecution witness.
While the high court had granted Darshan bail, the Supreme Court later cancelled it. Darshan’s counsel said the trial court decision should therefore be set aside.
Special Public Prosecutor P Prasanna Kumar said the trial court had sought the report from the probation officer on its own, without being requested by the prosecution, but added that the court’s decision was otherwise well reasoned.
He further said that under the Probation of Offenders Act, such reports are sought before sentencing convicts, not at the trial stage or while deciding an application to turn approver. Justice M Nagaprasanna, who heard the matter, indicated that his bench would set aside the trial court decision when it passes an order in the matter on Wednesday morning.
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- Darshan’s counsel, Hashmath Pasha, argued that the trial court’s decision was based on a report on Rao’s antecedents, family, and whether he was likely to falsely implicate other accused people and lie before the court.
- He further said that under the Probation of Offenders Act, such reports are sought before sentencing convicts, not at the trial stage or while deciding an application to turn approver.
- Darshan’s counsel said the trial court decision should therefore be set aside.
- Justice M Nagaprasanna, who heard the matter, indicated that his bench would set aside the trial court decision when it passes an order in the matter on Wednesday morning.
- While the high court had granted Darshan bail, the Supreme Court later cancelled it.
- Special Public Prosecutor P Prasanna Kumar said the trial court had sought the report from the probation officer on its own, without being requested by the prosecution, but added that the court’s decision was…
- On August 25, the trial court allowed Rao to turn approver and allowed the prosecution to examine him as a prosecution witness.
Sources
- The Indian Expresslink