SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been filed by petitioner on ground that this court while rejecting his earlier bail application on 19.07.2010 directed prosecution to examine five witnesses, namely, Pintu, Dashrath Son of Jagdish, Kehar Singh, Shiv Charan and Dashrath Son of Hukam Singh, on priority basis and liberty was given to him to again apply for bail before court of Sessions after statements of those witnesses are recorded. Learned counsel appearing for petitioner has argued that out of those five witnesses, only two witnesses have been recorded and three have been dropped by prosecution at instance of complainant. Learned counsel for complainant, who is present in the court, does not deny this fact and submit that it was apprehended that those witnesses may have been won over by the accused.

(2.) THIS court by order dated 19.07.2010 called for explanation of Investigating Officer as to why those three witnesses have been dropped. According to Investigating Officer, the complainant submitted an application apprehending that those witnesses may have been won over by the accused, therefore they may not be examined and as such a decision must be taken to drop them.