VIPIN SANGHI, J.

Crl.M.A. No. 13414/2016

1. Issue notice. Ms. Behura, SPP for CBI, accepts notice.

2. I have heard the submission of learned counsel for the appellant as well as learned counsel for CBI at some length and proceed to dispose of this application.

3. The appellant has preferred this application under Sections 243/311 Cr.P.C. to seek recall of witnesses PW2-Raj Kumar, PW3-Satpal, and PW5-Inspector CBI R.V.S. Lohmor. The background in which the recall of the said witness has been sought may first be noted.

4. The allegation against the appellant was that he demanded and accepted bribe from the complainant PW3-Satpal. A trap had been laid for that purpose by the CBI. PW2 Raj Kumar was the shadow witness and PW5-Inspector RVS Lohmor was the Trap Laying Officer (TLO). As per the case of the prosecution, the appellants/accused had accepted Rs. 5,000/- from the complainant Satpal (PW3) from his right hand and put the amount in his pant pocket. However, when an alarm was raised, he threw the amount and ran away from the spot by jumping the boundary wall. The incident is alleged to be of 08.11.1996.

5. The appellant was departmentally proceeded against on 02.06.1997 (hereinaft