1. Ekene Godwin versus State of Tamil Nadu , 2024 SSC online SC 337
The Trial court is directed to enlarge the appellants on bail on apropriate stringent terms and conditions, till the conclusion of the trial, after giving an oppurtunity of being heard to the learned Prosecutor on the terms and conditions to the bail.
To conduct a de novo trial by again examining the prosecution witnesses who have been already examined
It is necessary for witnesses to undergo a principal examination, a cross- examination and a re-examination. Regarding this, the court also stated that while postponing cross-examination of witnesses is grant in warrant proceeding, it is also an exception to the rule of law.
In a warrant case, in view of the proviso to the sub section (3) of Section 242 of the code of criminal procedure 1973, the learned magistrate, by recording reasons, can permit cross-examination of a witness to be postponed till a particular witness or witnesses are examined.
