4.The petitioner is facing trial for the alleged offences under Sections 279, 337 and 338 I.P.C. Even though, P.Ws.1 to 4, were examined in chief on 19.09.2008 and P.Ws.5 and 6 were examined in chief on 26.09.2008, the petitioner has not taken any steps to file petition to recall the aforesaid witnesses immediately or within the reasonable time. After nearly ten years, the petitioner has filed a petition under Section 311 of Criminal Procedure Code to recall P.Ws.1 to 6. For the said delay, the petitioner has not given any explanation. Further, it is not known that whether those witnesses are available after such a long period. Further, it is very difficult for the Police to trace out those witnesses and produce before the Court. Even if these witnesses are produced before the Court, how they can give evidence by recollecting the facts after 10 years. Further, as per the submission made by the learned Government Advocate (Crl. Side), the petitioner is not appearing before the Trial Court and Non Bailable Warrant has been issued against him. The conduct of the petitioner shows that he has not diligently conducted the case. Therefore, no leniency can be shown to the petitioner. The petition is lack of bona fide and the same is liable to be dismissed.
