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Supreme Court of India 2019-01-22 allowed

Kishan Khubchand Korani & Anr vs State of Gujarat & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Multiple appellants convicted under Section 436 IPC (mischief by fire) sought bail after the High Court reversed trial court acquittals. The trial court had acquitted the appellants, finding they were identified only by two police witnesses in a crowd of 15,000 people without an identification parade. The Supreme Court held that the High Court's reversal based solely on police testimony was legally debatable and insufficient. The Court granted bail to all appellants, emphasizing that identification without prior personal knowledge or proper investigation procedures, combined with mere presence in a large gathering without proof of specific role, was inadequate to sustain conviction on such a serious charge.

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Criminal Procedure Bail Evidence Identification Parade Unlawful Assembly

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