CRLMB2871/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2871/2010 Prashant @ Lala Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Deepak Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Although learned counsel for petitioner has drawn attention of the court towards the statements of eye witnesses, namely, PW-16 Maharaj Singh and PW-6 Vinit, who have turned hostile, but learned Public Prosecutor submits that there are two more witnesses, namely, PW-9 Laxmikant and Rakesh; however, learned counsel for petitioner points out that so far Laxmikant is concerned, he himself admitted that whatever he was saying was based on information given to him by PW-16 Maharaj Singh, therefore, no weightage can be attached to his testimony. As regards Rakesh, learned counsel for petitioner submits that his statement under Section 161 Cr.P.C. cannot be relied on at this stage. Learned Public Prosecutor opposed the bail application and submitted that substantial number of witnesses have already been examined and according to him Rakesh is likely to be examined shortly. Having regard to the aforesaid facts situation, I although dismiss the present CRLMB2871/2010 // 2 // application but with liberty to petitioner to apply afresh before the court below itself immediately after statement of Rakesh is recorded. The prosecution is directed to examine Rakesh as a witness on priority basis. (Mohammad Rafiq) J. //Jaiman//