Dismissed

Badshah Singh Ajab Singh v. the State of Maharashtra

Bombay HC25 Apr 2013APPA/545/2013

Case brief

AI extract

What is this about?

The Applicant, convicted under Section 460 IPC, sought bail pending appeal arguing flaws in the test identification parade. The Court held that re-appreciation of evidence regarding the parade is for the Appellate Court and dismissed the application, expediting the appeal hearing.

What did the court decide?

Application for suspension of sentence and bail dismissed; appeal hearing expedited.

Badshah Singh Ajab Singh Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

APPA 545.13.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.545 OF 2013 IN CRIMINAL APPEAL NO. 1230 OF 2012

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Badshah Singh Ajab Singh Tak.

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... Applicant.

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V/s.

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The State of Maharashtra, C.B.D. Police Station.

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... Respondents.

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Ms. Harjeet Kaur for the Applicant. Smt. V.R. Bhonsale, APP for the State.

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CORAM : P.V. HARDAS &

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MRS. MRIDULA BHATKAR, JJ.

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APRIL 25, 2013.

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P.C. :-

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The Applicant, who stands convicted for an offence punishable under Section 460 of the Indian Penal Code seeks the suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the Appeal.

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The evidence against the Applicant consists of the identification of the Applicant during the recording of the evidence of the eye witnesses, which is a substantive identification as well as the identification of the Applicant by

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APPA 545.13.sxw

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one of the eye witnesses in the test identification parade. A knife is also purported to have been recovered by the Applicant on a memorandum under Section 27 of the Indian Evidence Act.

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The learned Counsel for the Applicant has urged before us that the test identification parade which is the basis for conviction of the Applicant is flawed on account of several infirmities which the learned Counsel for the Applicant has pointed out to us. Therefore, according to the learned Counsel for the Applicant, since the Applicant was on bail during the trial, the Applicant is entitled to be released on bail in this Appeal by suspending the substantive sentence of imprisonment. The learned APP has urged before us for dismissal of the Application on the ground that the question regarding the test identification parade can be made sole basis for conviction in the matter of re-appreciation of the evidence which can be done only at the stage of hearing of the Appeal. The Trial Court has found that implicit reliance can be placed on the testimony of PW-11, who had conducted the test identification parade.

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We have ourselves examined the evidence of PW-11 who had conducted the test identification parade. Though PW-11 was cross-examined at length all substantive as elicited in the cross-examination by PW-11 which would even remotely indicate even prima-facie that the test identification parade is flawed on account of any infirmity. In any event, the

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submissions advanced before us by the learned Counsel for the Applicant pertained to re-appreciation of evidence, which cannot be done at this stage. Accordingly, this Application is dismissed. Since the Applicant was on bail during trial, we expedite the hearing of the Appeal.

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(MRS. MRIDULA BHATKAR, J.)

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(P.V. HARDAS, J.)

Badshah Singh Ajab Singh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Badshah Singh Ajab Singh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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