AZAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the counsel for the accused-appellants and the learned Public Prosecutor.

(2.) BOTH the counsel for the accused-appellants submit that no recovery has been made from the accused-appellants of the truck allegedly taken away by them on the night intervening 5th and 6th April, 2009. It has been submitted that the accused-appellants were arrested on 13.05.2009 and the test identification parade was conducted only on 02.06.2009 without any explanation of delay in holding the T.I. Parade. Counsels submit that the star witnesses of the prosecution i.e. Maluk Chand Goyal (PW-17) and Shankar Gurjar (PW-27) have both admitted that the accused-appellants were shown them in police station before holding of the T.I. Parade on 02.06.2009. It is submitted that in this view of the matter, the identification of the accused-appellants both in jail in the course of T.I. Parade and in court by Shankar Gurjar (PW-27) is of no avail to the prosecution case. Counsels submit that as per the prosecution story, the purchaser of the truck one Jakir @ Jakki was discharged by the trial court and one Abbas from whom the recovery of a firearm was made acquitted by the trial court. It is submitted that the accused-appellants, Irshad and Aaid, were on bail during trial. Counsels further submit that even though the accused-appellant, Azad, was granted indulgence of bail by this Court under Section 439 Cr.P.C. but in view of the poverty, he could not furnish any bail bonds and surety bonds consequent to which he was not released from jail. It is submitted that that Dharam Raj Meena (PW-15), the Magistrate, before whom T.I. Parade was held has stated in his examination in court that before the T.I. Parade, the witnesses had stated before him that they had seen the accused-appellants at the police station.

(3.) HAVING heard the counsel for the accused-appellants as also learned Public Prosecutor, I am of the considered opinion that that the accused-appellants are entitled to grant indulgence of suspension of sentence subject to the conditions that they shall report for attendance at Police Station Nuh, District Mewat (Haryana) on every 15th day from the date of their release from jail without fail and further on the condition that do not engage in any criminal activities while on bail. It is made clear that in the event of breach of any conditions aforesaid, the SHO, Police Station Nuh, District Mewat (Haryana) shall inform the learned Public Prosecutor to move an application for recall of the order of suspension of sentence. A copy of this order be sent to the SHO Police Station Nuh, District Mewat (Haryana).