STATE OF BIHAR Vs. MD.NAYEEM @ NAYEEM

JUDGEMENT

(1.) EARLIER in Cr. Misc. No. 49288 of 2006 Md. Nayeem @ Nayeem was granted bail considering the material that majority of the witnesses have been declared hostile. However, while considering the bail application of Raju @ Md. Hamid Ansari in Cr. Misc. No. 15745 of 2007 vide order dated 10.4.2007 while granting him bail, it came to the notice that the informant was examined and he had not gone hostile and he had also taken the name of Md. Nayeem @ Nayeem as an assailant.

(2.) LEARNED Addl. P.P. indicated that there is suppression of fact in this Court. Show -cause was furnished by Opposite Party Md. Nayeem in which it is indicated that since the informant was not fully examined on behalf of the other co -accused persons and it was not completed cross - examination, therefore, there was no need to attach the incomplete statement of informant (P.W. 10) and that is why this fact was not brought to the notice of the lawyer and the aforesaid fact was not mentioned in the bail application of petitioner, Opposite Party here. It is also indicated that the pairvikar Md. Yunus was an illiterate person and hence he did not disclose regarding examination of the informant to his conducting learned counsel in the Patna High Court Sri Manoj Kumar No. 5 and it is not deliberate concealment of fact. In this connection it has been submitted that it is not a case of suppression of fact.

(3.) IT appears from perusal of Cr. Misc. No. 49288 of 2006 that the bail application was filed with respect to opposite party, Md. Nayeem, on 20.11.2006 and he was granted bail on 3.1.2007. The copies of the statement of P.Ws. 1 and 9 have been annexed therein. It has been stated in paragraphs 9 and 10 of the said bail application that out of 9, 8 witnesses have been declared hostile from the side of the prosecution. Regarding P.W. 9 it was stated that P.W. 9 was produced on 28.8.2006 and thereafter no any witness was produced from the side of the prosecution. Paragraphs 9 and 10 of Cr. Misc. No. 49288 of 2006, Md. Nayeem @ Nayeem vs. State of Bihar, are as follows: - "9. That in tffis case in the chargesheet total witnesses of the prosecutrix are 13 in number and out of 13, 9 witnesses were produced from the side of prosecutrix but none of them have supported the version of the informant and also not disclosed the name of the petitioner and the prosecution has denied to prove the case at the stage out of 9 witnesses, 8 witnesses were declared hostile from the side of the prosecution. (Copies of the statement of P.Ws. 1 to 9 are annexed herewith and marked as Annexure -3 to the petition). 10. That last witness P.W. 9 was produced from the side of prosecutrix on 28.8.2006 and after that no any witness has been produced from the side of the prosecution and the petitioner is continuously languishing behind the bar since 28.7.05 and the case has not been closed as yet."