Calcutta HC pulls up Public Prosecutor for failure to declare fickle witnesses Hostile

While hearing an application for bail, the High Court of Calcutta has pulled up the Public Prosecutor for allegedly failing to declare prosecution witnesses as hostile, even though they were found to have been going back on the statements furnished by them to the police..During the course of hearing, it was brought to the attention of the Division Bench of Justices Moushumi Bhattacharya and Jyomalya Bagchi that the prosecution witnesses in the case had resiled from their Section 161 statements and therefore become hostile..The petitioner/bail applicant had therefore sought bail on the ground that it was a case of no evidence..However, the Court was informed that the Public Prosecutor had failed to declare the prosecution witnesses hostile, even after they had resiled from their earlier statements. Taking note of this, the Court remarked,.“We are surprised with the conduct of the Public Prosecutor in not declaring the prosecution witnesses hostile when they did not support their earlier statements before the police..It is a matter of deep concern that the trial in this case has become a charade and the truth an unfortunate victim due to machinations which are not far to seek.”.The Court, thus, directed the Legal Remembrancer, Government of West Bengal to inquire into the matter and submit a report on the conduct of the Public Prosecutor..The Public Prosecutor-in-charge was directed to submit the case records before the Legal Remembrancer forthwith and a report thereon was ordered to be submitted to the Court..Read Order below.