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1993 DIGILAW 54 (RAJ)

Ram Swaroop v. State Of Rajasthan

1993-01-25

N.L.TIBREWAL

body1993
JUDGMENT 1. - It is contended by the learned Counsel that the name of the petitioner Ram Swaroop Meena does not find place in the First Information Report. According to the learned Counsel, in the report, one Ram Swaroop Gujar was named as one of the participants in the incident and he was arrested, but, now, the police wants to arrest the petitioner also. 2. On the other hand, learned Public Prosecutor states that the name of the petitioner was disclosed by the co-accused, when they were interrogated by the police and in the report also it was mentioned that there were other unknown persons also, who had participated in the incident. It was also mentioned in the report that the informant can identify those persons, if they were brought before him. The learned Public Prosecutor, therefore, contended that the arrest of the petitioner is necessary for identification parade. 3. In the facts and circumstances of the case, therefore, I think it just and proper to direct the petitioner to appear before the Chief Judicial Magistrate, Bundi on or before 4th February, 1994. If he does so, the Chief Judicial Magistrate shall fix date, time and place for holding identification parade and the same shall be intimated to the petitioner to be present. The identification parade shall be held accordingly and if the petitioner is identified by the witnesses, he shall be taken into custody and in case, he is not identified, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Bundi for his appearance in that Court or any other Court on all subsequent dates of hearing during the pendency of investigation/inquiry/trial as the case may be. Till identification parade is arranged and held the petitioner shall not be arrested in Case No. 140/92 registered at Police Station, Kota Dam, District Bundi. However, it is made clear that in case the petitioner fails to appear before the Chief Judicial Magistrate, Bundi, as ordered by this Court, or subsequently does not make himself available for identification parade, as per directions of the learned Chief Judicial Magistrate, Bundi, this application shall be deemed to have been dismissed and the investigating agency shall be free to arrest him in the case. The petitioner is directed to keep himself 'Ba-parda' till the identification parade is conducted, so that, subsequently he may not have any complaint of his being shown to the prosecution witnesses.The bail application is disposed of as indicated above.Bail Application disposed of. *******