GATTA ALIAS BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the leaned Counsel for the petitioner as well as the learned Public Prosecutor.

(2.) I would have had a reference to a larger Bench as I find myself unable to agree with the view the taken in S. B. Criminal Misc. Bail Applications No. 867/84 decided on 9 -7 -84, wherein it has been held that though formal arrest was made on a subsequent date the date of arrest in a case would be atleast the date of identification parade of the accused and it was fallowed in S.B. Criminal Bail Applications Nos. 863/864/865 of 1989 decided on 17th April, 1989. The reason is that an accused person who is arrested in one case it may be that on investigation his involvement is found in other case/cases also but he is not under arrest in other case/cases. The accused has to be sent and should be sent to judicial custody immediately after his arrest in case his identification parade is to be held after arrest in one case, and while the accused is in judicial custody his involvement in other cases is found, then it will be proper that the identification parade of the other case/cases should also be held. In such, circumstances, it cannot be said that the date of identification in other case can be said to be the date of arrest. But in the present case, though as stated earlier, I am no inclined to agree with the aforesaid view but the facts of the present case are such that making reference to a larger bench will delay the disposal of the bail application. Because it is a case of single identification after several months and there is no recovery of the stolen property and the co -accused has been released on bail, his bail application deserves to be allowed