Prashant Kamlakar Vinde v. State of Maharashtra

Supreme Court of India · 17 Dec 2008
Altamas Kabir; Markandey Katju
CRIMINAL APPEAL No.2059 OF 2008
criminal appeal_allowed Significant

AI Summary

The Supreme Court held that identification in an identification parade alone does not justify denial of bail and ordered release of the appellant on bail pending trial.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.2059 OF 2008
[Arising out of SLP(Crl.)No.4419 of 2008]
PRASHANT KAMLAKAR VINDE ... Appellant(s)
VERSUS
THE STATE OF MAHARASHTRA ... Respondent(s)
Leave granted.
This appeal is directed against the
ORDER
and order of the Bombay
High Court, rejecting the appellant's prayer for grant of bail, in connection with
Cr.8/2007, pending before the learned Addl. Sessions Judge, Raigarh, Alibagh.
Having heard learned counsel for the respective parties, and since it appears from the materials on record that the appellant's prayer for bail was refused only on the ground that he has been identified during the identification parade held, and also having regard to the fact that the trial has not proceeded and the appellant is in custody since 20/04/2007, let him be released on bail to the satisfaction of the trial court.
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At the same time, we request the learned Sessions Judge to complete the trial expeditiously.
The appeal is disposed of. ...................J.
(ALTAMAS KABIR) ...................J.
(MARKANDEY KATJU)
New Delhi, December 17, 2008.