2009(5 ) SCR 260
v.
(Criminal Appeal No. 1030-1031/2003)
APRIL 15, 2009
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Having heard learned counsel for the appellant-
State and learned counsel for the respondents, we are not inclined to interfere with
the order passed by the Andhra Pradesh High Court directing acuqittal of the
respondents. The High Court has noted that before the test identification parade
was conducted on 20.3.1991, the witness (PW1) was taken to the central jail where
the accused persons were shown to him. That being so, there was really no purpose
in holding test identification parade. The High Court rightly disbelived the prosecution
version and directed acquittal of the respondents. In any event, this is a possible
view and therefore no interference is called for. The appeals fail. The bail bonds
executed for giving effect to the order of bail dated 13.10.2003 shall stand
discharged.
The appeals are dismissed.