Rajasthan High Court
Kanta Bhatnagar, J.
Mahendra Singh - Appellant
Versus
The State of Rajasthan - Respondents
S.B. Criminal Misc. Bail Application No. 774 of 1981
Decided On : November 13, 1981
2. The seven petitioners, not yet arrested, have filed an application under Section 438 read with section 482 of the Code of Criminal Procedure in this Court, contending therein that no case is made out against them and the persons, who are said to have named them in their police statements, neither knew them beforehand nor can identify them if a test identification parade is held. That, the investigation in the case is motivated by political influence and fabrication is writ large on the police record and therefore, the petitioners should be enlarged on anticipatory bail.
3. It has been further contended that the five accused, since arrested, had immediately after their arrest prayed the Chief Judicial Magistrate that they were not known to the witnesses and their identification parade should be conducted immediately. The prosecution contested that application and he Magistrate rejected the same. Thereafter third degree methods were adopted by the police and they were shown to the witnesses prior to the identification parade. The petitioners apprehend the same fate. The petitioners therefore, have prayed for anticipatory bail and in the alternative submitted that they are prepare to surrender themselves before the Superintendent, Central Jail or before any Magistrate and direction may be issued for holding the identification parade immediately before the petitioners are put in custody. Request has also been made for direction for getting the test identification parade held even for the witnesses who have named the petitioners in their police statements.
4. On October 22, 1981, the Public Prosecutor was directed to give in writing as to whether the Investigating Officer is willing to request the Magistrate to hold the identification parade of the accused petitioners even by the witnesses who are said to have named them in their statements under section 161 of the Code of Criminal Procedure.
5. On October 26, 1981, the Circle Officer, incharge of the investigation, in compliance to that order, submitted that naming the accused by the witnesses in their police statements, clearly indicates that they were knowing them beforehand That, the petitioners are absconding for a long time from their residence and despite efforts could not be arrested and therefore, proceedings under secs. 82 and 83 of the Code of Criminal Procedure have been initiated against them. That, some of the witnesses have not named the petitioners, rather have claimed to identify them on seeing them and therefore, identification parade for them was to be held. That, the weapons of offence are to be recovered from
(13) Abhinanden Jha vs. Dinesh Mishra (AIR 1968 SC 117)
(15) Pampapathy vs. State of Mysore (AIR 1967 SC 286)
(17) R.P. Kapur vs. State of Punjab (AIR 1960 SC 866)
(18) State of West Bengal vs. S.N. Basak (AIR 1963 SC 447)
(20) Kurukshetra University vs. State of Haryana (AIR 1977 SC 2229)
(22) Jamiuna Chaudhary vs. State of Bihar (AIR 1974 SC 1822)
(8) Jadunath Singh vs. The State of U. P. (A.I.R. 1971 SC 363)
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