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PUNJAB & HARYANA HIGH COURT
I.S.Tiwana, J.
Harvinder Singh @ Topu
Versus
State Of Punjab
Criminal Misc. No. 8657 of 1987,
Decided On : JANUARY 6, 1988
Bail - Identification Parade - Prosecution Conduct Influencing Bail Decision
Fact of the Case:
The petitioner's bail application was denied based on a previous rejection and the contention that they were not known to the witnesses produced against them. The petitioner had sought an identification parade, which was disallowed by the magistrate due to prosecution contest.
Finding of the Court:
The court found the prosecution's conduct in disallowing the identification parade to be unreasonable, citing observations made by the Supreme Court. This influenced the court to grant bail to the petitioners.
Issues: Contestation of bail based on previous rejection, denial of identification parade, prosecution conduct
Ratio Decidendi: The prosecution's conduct in disallowing the identification parade influenced the court's decision to grant bail to the petitioners.
Final Decision: The court directed the release of the petitioners on bail to the satisfaction of the Chief Judicial Magistrate.
I.S.Tiwana, J.
1. The primary contention raised to deny the bail to the petitioner is that their earlier bail application was declined by this Court on 15th October, 1987. It is however contended on behalf of the petitioner that they are not known to the witnesses who are sought to be produced against them by the prosecution and to establish the defence of theirs they had moved an application before the magistrate for their identification parade but the same was disallowed vide order dated 2nd November, 1987 (Annexure P-4) on a contest having been raised by the prosecution. It is difficult to appreciate the reasoning adopted by the magistrate in declining this prayer of the accused-petitioners. I wish he had been aware of the observations made by their Lordships of the Supreme Court in AIR 1975 SC 175. This conduct of the prosecution, to my mind, entitles the petitioners to the concession of bail at least. I, therefore, direct that they be released on bail to the satisfaction of Chief Judicial Magistrate, Hoshiarpur.
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