MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial

The Madhya Pradesh High Court (Gwalior Bench) on Monday directed the Principal Secretary, Law and Legislative Affairs/District Magistrate, Bhind to conduct an inquiry against a Public Prosecutor who gave up an 'important' eye witness/father of the deceased in a murder trial.

The Bench of Justice G. S. Ahluwalia has also directed the Public Prosecutor, Bhind to withdraw all the Sessions Trial involving offence under Sections 302, 307, 376/POCSO Act and all other important matters from the said Public Prosecutor Till the inquiry report is received.

This order came from the Court while hearing a regular bail plea filed by a Murder accused on the ground that since four eyewitnesses have been examined and they have not supported the prosecution case, he shall be released on bail.

The matter in brief 

Essentially, on October 5, 2021, the Co-ordinate Bench had expressed its surprise to note that the trial court had, in the instant case, given up two eyewitnesses namely Hariom and Sarnam Singh (father of the deceased who is an eye witness) on the request of Public Prosecutor.

Accordingly, the Public Prosecutor, named Sanjay Kumar Sharma was directed to submit his affidavit for explaining the reason for giving up the said eyewitnesses.

In his affidavit, he submitted that since Sarnam Singh (father of the deceased who is an eye witness) and Hariom were not supporting the prosecution case, therefore, in order to save precious time of the Court, these two witnesses were given up.

Court's observations 

At the outset, the Court observed that it was nowhere mentioned in the affidavit that Hariom and Sarnam Singh had ever contacted him (Sanjay Kumar Sharma) to inform that they would not support the prosecution case.

Apart from this, the Court also observed that another witness had not supported the prosecution case, but the same witness was not given up by the Public Prosecutor by applying the same analogy

"How Shri Sanjay Kumar Sharma was knowing that these witnesses (Hariom and Sarnam Singh) would not support the prosecution case is also a mystery," the Court further observed.

In this backdrop, the Court remarked thus:

"It is clear that Shri Sanjay Kumar Sharma has arbitrarily given up Sarnam Singh who is the father of the deceased and an eye witness as well as Hariom. However, this Court is refraining itself from mentioning anything further but one thing is clear that Shri Sanjay Kumar Sharma has lost the confidence."

Accordingly, the Court directed as under:-

• The Public Prosecutor, Bhind shall immediately withdraw file of this case from Shri Sanjay Kumar Sharma and Public Prosecutor shall himself conduct trial and Shri Sanjay Kumar Sharma is directed to stay away from this case.
• The Principal Secretary, Law and Legislative Affairs/District Magistrate, Bhind (whosoever is the competent authority) is directed to conduct an enquiry against Shri Sanjay Kumar Sharma and decide as to whether his continuation on the post of APP is desirable or not (within 2 months).
• The Public Prosecutor shall immediately file an application under Section 311 of Cr.P.C for seeking permission to examine Hariom and Sarnam Singh. Since this Court has already come to a conclusion that Shri Sanjay Kumar Sharma APP has wrongly given up these witnesses, therefore, the trial Court shall consider and decide the same after considering the importance of the witnesses.

So far as the present bail application was concerned, noting the allegations that the applicant and his son Ashok had fired causing the death of the deceased, Sarnam Singh (an eye witness), the Court dismissed his bail plea.

Case title - Shivsingh Tomar v. State of MP

Click here To Download Order

Read Order