Back
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Venkara Srinu – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 1995 of 2022
Decided On : 13-04-2022
Identification - Pre-arrest Bail - The court allowed the petitioner's pre-arrest bail as there was no valid basis for the identification of the petitioner as the person found at the scene of the offence, leading to serious dispute over the person's identity.
Fact of the Case:
The petitioner sought pre-arrest bail in a case under Section 7(B) r/w 8(B) of the A.P. Prohibition Act, where he was accused of possessing contraband. The police identified the petitioner as the person who ran away from the scene of the offence, leaving behind the contraband.
Finding of the Court:
The court found that there was no valid basis for the identification of the petitioner as the person found at the scene of the offence, leading to serious dispute over the person's identity. As the petitioner was not apprehended at the scene of the offence and was not found in possession of the contraband, he was entitled to pre-arrest bail.
Issues: Validity of identification of the petitioner as the person found at the scene of the offence and entitlement to pre-arrest bail.
Ratio Decidendi: The lack of valid basis for the identification of the petitioner and the serious dispute over the person's identity led to the court allowing the petitioner's pre-arrest bail.
Final Decision: The Criminal Petition for pre-arrest bail was allowed, and the petitioner was to be released on bail upon execution of a self bond for Rs.50,000 with two sureties, and was required to report before the Station House Officer once a week until the charge sheet was filed.
JUDGMENT
Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is the sole accused in Crime No.697 of 2021 of Special Enforcement Bureau Station, Korukonda, East Godavari District.
3. a case under Section 7(B) r/w 8(B) of the a.P. Prohibition act was registered against the petitioner in the above crime.
4. as per the prosecution version, when the police were conducting raids to detect the prohibition offences that they saw one person with one mica bag at the scene of offence and the said person ran away after seeing the police and he left the said mica bag at the scene of offence. Police found 90 liters of I.D. liquor in the said mica bag. It is stated that the police have identified the said person who ran away as the petitioner herein. Therefore, the petitioner is shown as accused in the above crime.
5. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State.
6. admittedly, the petitioner was not apprehended at the scene of offence and he was not found to be in possession of any such contraband. The person, who was found at the scene of offence, ran away. although it is stated that the police have identified the said person as the petitioner herein, there is no valid basis for the said identification. Therefore, the very identity of the person, who ran away from the scene of offence, is in serious dispute. Therefore, the petitioner is entitled for pre-arrest bail.
7. Resultantly, this Criminal Petition is allowed. In the event of arrest of the petitioner in the above crime, he shall be forthwith released on bail on execution of self bond for Rs.50,000/-(Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer of Special Enforcement Bureau Station, Korukonda. On his release, the petitioner shall report before the Station House Officer of Special Enforcement Bureau Station, Korukonda, once in a week on every Friday between 10-00 a.M. and 1-00 P.M. till the charge sheet is filed in this case.
The validity of identification and the entitlement to pre-arrest bail based on the lack of valid basis for identification and serious dispute over the person's identity.
The validity of identification and the disputed identity of the accused influenced the decision to grant pre-arrest bail.
Lack of valid identification and dispute over the identity of the accused at the scene of the offence can entitle the accused to pre-arrest bail.
The main legal point established in the judgment is that the validity of identification and the existence of a serious dispute regarding the identity of the accused can entitle the accused to pre-arr....
The validity of identification and the prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
