Sukhvinder Singh @ Billa vs State of Haryana

S.C. Malte, J.

In this case admittedly the names of the robbers were not mentioned in the F.I.R. Petitioners/accused came to be apprehended on the identification by the witness. The identification parade could not take place. One of the accused declined to participate in the identification parade on the ground that he had already been seen by the witnesses. In respect of other accused, no attempt was made to hold identification parade. The only case against the accused is said to be recovery of gold ornaments at the instance of the accused as per Section 27 of the Evidence Act. These articles came to be recovered after four months since the commission of the offence. Regarding the identity of these articles, there is enough room for argument. Under these circumstances, execution of the sentence passed against these petitioners/accused is suspended till the disposal of appeal, on each of them executing bill bond and surety bond to the satisfaction of Chief Judicial Magistrate, holding the charge of the post at Kaithal. The further condition is that the petitioners shall before release inform in writing to the said Chief Judicial Magistrate their full address of residence where they would be staying during the pendency of the appeal. On release on bail, the petitioners would be under obligation to stay at the given address except during the days when they are required to attend this Court in connection with case. These petitioners are further directed to report to the Sarpanch of the village regarding their stay on every Sunday till the disposal of the appeal.