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Judgment
Gurpal Singh Ahluwalia, J
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This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second application was dismissed as withdrawn by order dated 28.09.2022 passed in MCRC No.45036 of 2022.
The applicant has been arrested on 16.11.2021 in connection with Crime No.204/2021 registered at Police Station Indar, District Shivpuri for offence under Section 392 of IPC.
It is fairly conceded by the counsel for the applicant that the eye witness Rakesh has been examined and he has supported the prosecution case. From the previous order dated 28.09.2022 passed in MCRC No.45306/2022, it is clear that Public Prosecutor was deliberately withholding the examination of eye witnesses and only after the intervention of this Court, eye witnesses were produced and they have supported the prosecution case. Whether this act of Public Prosecutor of withholding the eye witnesses was a deliberate act or it was an act of negligence is to be considered by the competent authority.
Accordingly, the Principal Secretary, Law/ competent authority is directed to look into the conduct of the Public Prosecutor and to verify as to whether the conduct of withholding the eye witnesses was a deliberate act with an intention to give sufficient time to the accused party to make an attempt to win over the witnesses or it was an act of negligence in ignorance of law.
Let the enquiry be completed within a period of two months from today and the report be submitted before the Principal Registrar of this Court.
Since the eye witnesses have supported the prosecution case and the applicant is alleged to be one of the main assailant and the marks of dragging from his house to the pond in question was also found at the spot, no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed.