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1990 Supreme(Guj) 217

K.J.VAIDYA, K.R.VYAS
Abbas Hasam – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.SHAH, K.H.BAGCHI

K. J. VAIDYA, J.

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( 10 ) WHILE parting, it may be stated that ordinarily since the original accused No. 2 Habib Siddi Khatki having been already acquitted of all the charges and further still there being no appeal against him by the State before us, we are not supposed to touch that part of the evidence which particularly pertains to him. Still, however, having regard to the overall importance of two material consequential questions involved in the case, namely - (i) the necessity and urgency of holding the test identification parade within the shortest possible time to ensure fair trial to the prosecution and the accused on the one hand, and on the other hand (ii) in future how to tackle such most sluggish, callous and irresponsible manner and method in which the identification parade of the accused No. 2 came to be attended to both by the investingating agency and the Executive Magistrate, we feel constrained and duty bound to spotlight, discuss and suggest certain remedial measures with a view to see that the same as far as pract




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