State of A.P. v. Sayyaad Siraj Mohammed & Ors.

Judgment

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 1 STATE OF AP. v. SAYYAAD SIRAJ MOHAMMED & 261 ORS. [DR. ARIJIT PASAYAT, J.] 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. N.J. Appeals dismissed.