Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following rules for the payment, on the part of the State Government, of the reasonable expenses of complainants and witnesses attending any Criminal Court in the State for the purposes of any inquiry, trial or other proceeding before such Court, have been made by the Government of Gujarat, under Section 312 of the Code of Criminal Procedure, 1973, (2 of 1974), in its application to the State of Gujarat, and in supersession of the Government of Bombay, Judicial Department, Notification No. 7051, dated October, 6, 1913, and Government Notification, Legal Department, No. GK/76/66/CRM/1064/1145-D, dated December 10, 1976, and of all other rules in force in any part of the State so far as they relate to payment on the part of Government of reasonable expenses of complainants and witnesses, vide Government Notification, Legal Department, No. GK/78/32/MIS/1064/1570-D, dated May 5, 1978 :— (iii) in cases in which the offence or all of the offences with which the accused is charged is, or are, bailable, only if the prosecution has been instituted or is being carried on by the police or by, or under the orders or sanction of, the Government or of any Judge, Magistrate or other public Officer, or if the Magistrate considers that the prosecution is directly in furtherance of the interests of the public, or that the person by whom payment is to be made is in indigent circumstances: Provided that, no such payment on the part of the State Government shall be made to any witness when the expenses of the attendance of such witness have been deposited in Court under sub-section (3) of section 243, section 247, or sub-section (3) of section 254; Provided further that, the Senior Clerks or Sheristedars in the Courts of the Magistrates may, after obtaining specific orders of the Court in each case and subject to the conditions hereinafter contained, make payment of such expenses to witnesses. (2) The Court may refuse the payment of such expenses — (a) to any complainants whose complaint has been declared to be false or frivolous or (b) to any witness, whose evidence the Court does not consider to be substantially true, or (c) to any complainant or witness, who without sufficient cause, remains absent on any day fixed for the hearing and whose presence is secured by the issue of any coercive process. (3) Nothing in sub-rule (2) shall debar a witness from payment of expenses unless even if he is treated hostile to the party by which he was called as witness and is also permitted to be cross examined, unless the Court for reasons which shall be recorded in the order decides that evidence of such witness is not substantially true.