Indian Kanoon - Search engine for Indian Law

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that as per version of the FIR, there is clear cut allegation against the applicant and his family members. After investigation, on the basis of evidence collected by the investigating officer, charge sheet has been submitted against the applicant and other co-accused persons. The applicant is perpetrator of the alleged crime in question. The offence is heinous in nature, hence, the applicant is not entitled for any relief and the bail application is liable to be rejected. However, he does not dispute the fact that PW-1 Shubodh Kumar, the brother of the deceased, PW-2 Kali Charan, the father of the deceased, PW-3 Sarvesh Kumar, mother of the deceased and PW-4 Rube Devi, sister-in-law (bhabhi) of the deceased, have not supported the prosecution case and have been declared hostile, but has submitted that if the trial court found that the witnesses, who were examined and have given false evidence and have turned hostile, proceeding under Section 344 Cr.P.C. should be initiated against the hostile witnesses for giving false evidence and levelling false and concocted allegations.

10. Considering the peculiar facts and circumstances of the case, particularly seeing the fact that the main witnesses, namely, PW-1 Shubodh Kumar, the brother of the deceased, PW-2 Kali Charan, the father of the deceased, PW-3 Sarvesh Kumar, mother of the deceased and PW-4 Rube Devi, sister-in-law (bhabhi) of the deceased, have not supported the prosecution case and have turned hostile, the trial Court is directed to ensure the compliance of provisions of section 344 Cr.P.C against them in case found guilty, at the appropriate stage, if it deems fit and proper.