1998 CRI. L. J. 124 ::1997 ALL. L. J. 2103 ::1998 A I H C 913 ::1997 UP CriR 561 ::1997 (21) AllCriR 686 ::1997 (35) AllCriC 192

Allahabad High Court

Hon'ble Judge(s): J. C. Gupta , J

Criminal P.C. (2 of 1974) , S.439— Bail - Mere non-holding of Test Identification Parade - Cannot be ground for releasing accused on bail. Evidence Act (1 of 1872) , S.9— The primary object of holding test identification parade is to enable the witnesses to identify persons concerned in the offence, who were not personally known to them. Where the witnesses themselves state during investigation that the accused persons were unknown to them and they would identify them if confronted with, it may be necessary for the investigating agency to put up the suspect for identification by the witnesses. No positive rule, can be laid down as to them the test identification parade is necessary and when not and each case has to be decided on its facts and circumstances. Whether failure to hold identification despite a request made by the accused will prove fatal to the prosecution is also a question which cannot be answered on any general principle in isolation of the facts of that case. The necessity of holding test identification may be felt when there is a doubt about the identity of the accused for where the evidence adduced at the trial may give rise to a suspicion on the claim of the witnesses knowing the accused from before, but if there is no such doubt or suspicion the prosecution case is not adversely affected by refusal of the prayer of the accu....