- (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner is an accused and is being prosecuted by the C.B.1. for committing an offence of bribery in R.C.Case No. 14A/99R, the trial of which is in progress before the learned Special Judge (C.B.I.) Ranchi It appears from the order dated 23.5.2001 of the trial court (Annexure -1) that P.W.7, Pawan Kumar who was being y cross -examined from an earlier date, was further cross -examined by the defence on 23.5.2001 and thereafter was discharged. Thereafter a petition under section 154 of Evidence Act was filed on that very date i.e. 25.5.2001 on behalf of the prosecution by the Special Public Prosecutor with a prayer to permit the prosecution to declare P.W.7 as hostile witness and to allow the prosecution to cross -examination the said witness, on the ground that the said was gained over by the accused and he had resiled from his earlier statement made under section 161 of the Code of Criminal Procedure before police as well from his statement made by him during examination in chief in court.
(3.) A rejoinder to the said petition was also filed on behalf of the accused objecting to the prayer of the prosecution.;