HARVINDER SINGH @ TOPU Vs. STATE OF PUNJAB

JUDGEMENT

(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. Order accordingly.