2009(5 )  SCR 260 STATE OF A.P.  

v.  SAYYAAD SIRAJ MOHAMMED & ORS. (Criminal Appeal No. 1030-1031/2003)

APRIL 15, 2009 [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ.]

The Judgment of the Court was delivered by

DR. ARIJIT PASAYAT, J.  1. Having heard learned counsel for the appellant-

State and learned counsel for the respondents, we are not inclined to interfere with  

the  order  passed  by  the  Andhra  Pradesh  High  Court  directing  acuqittal  of  the  

respondents. The High Court has noted that before the test  identification parade  

was conducted on 20.3.1991, the witness (PW1) was taken to the central jail where  

the accused persons were shown to him. That being so, there was really no purpose  

in holding test identification parade. The High Court rightly disbelived the prosecution  

version and directed acquittal of the respondents. In any event, this is a possible  

view and therefore no interference is called for.  The appeals fail.  The bail  bonds  

executed  for  giving  effect  to  the  order  of  bail  dated  13.10.2003  shall  stand  

discharged.

The appeals are dismissed.