The Bombay High Court dismissed an application filed by an accused for discharge in a case involving robbery with ransom. The applicant argued that the test identification parade was flawed, but the court held that such authentication is a question for trial.
Application for discharge is dismissed as there are no merits at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURSIDICTION
CRIMINAL APPLICATION NO. 373 OF 2012
Kailash Mathura Suryawanshi .. Applicant V/s. The State of Maharashtra .. Respondent
Mr. A. V. Bedekar, Advocate appointed for the Applicant. Mr. S. S. Pednekar, A. P. P for the Respondent – State.
CORAM : A.R. JOSHI, J. DATE : MAY 4, 2012.
P.C.:
Heard the rival submissions for some time on this
Application preferred by the Applicant through jail for discharge and now represented by learned advocate Mr. A. V. Bedekar.
Sessions Court, Mumbai. The learned A.P.P for the Respondent – State states that in near future the trial will start. He further stated that one of the prosecution witnesses
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have mentioned regarding the presence of the present Applicant holding iron rod in hand and sitting on the motorcycle while going away from the spot. According to the said prosecution witness, another co-accused was sitting on the another motorcycle as pillion rider and was holding a bag in his hand. Apparently, the case against the present Applicant is that he was allegedly robbed the complainant of the bag containing cash amount more than Rs.4,00,000/- on broad day light on the road after the robbers came on the spot on two motorcycles.
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Code, it cannot be said that the Applicant can be give a clean
chit without their being any trial.
(A. R. JOSHI, J.)
2 issues framed by the court
Whether the applicant is entitled to discharge on the grounds that the test identification parade was not properly conducted.
Whether any authentication can be attributed to the test identification parade at the pre-trial stage.
1 provisions across 1 enactments
Kailash Mathura Suryawanshi
The State of Maharashtra
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
