If prosecution has already examined a substantial number of witnesses, a comment on the worth of the witnesses is improper

High Court of Jharkhand: The Single Judge Bench comprising of Chandrashekhar, J., recently dealt with a bail petition wherein he held that if the prosecution has already examined a substantial number of witnesses, a comment on the worth of the witnesses will be improper.

The facts of the case are that the petitioner had been accused of committing offences under certain sections of the Penal Code, 1860 and hence, he applied for the granting of either anticipatory bail or bail since it had been granted to similarly situated persons. The counsel for the petitioner argued that since the co-accused had been granted bail, on the point of parity, the petitioner is also entitled to bail. he further contended that conviction on the basis of last seen together is a weak piece of evidence and hence, on that basis alone, the petitioner cannot be convicted. The prosecution side contended that the petitioner’s case was different from the co-accused since he was the sole person who was responsible for the kidnapping of the deceased consequent to which he was found dead. Witnesses have asserted the presence of the petitioner at the crime scene and he was the only one whose name was registered in the FIR.

Hence, the Court dismissed the petition and accordingly, no bail was granted to the petitioner. [Ramadhar Singh @ Ramadhar Sah v. State of Jharkhand, 2017 SCC OnLine Jhar 2669 , order dated 18.8.2017]

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