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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 accused persons convicted under Section 436 IPC filed bail applications after the High Court reversed their acquittals. The trial court had acquitted them, finding that the evidence was based solely on identification by police witnesses, with no identification parade conducted, and the accused were alleged to be present among approximately 15,000 persons at the scene. The Supreme Court granted bail, holding that the High Court's approach in relying only on police identification without an identification parade was debatable and legally doubtful, especially where no specific role was attributed to the accused in the alleged unlawful assembly."

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Criminal Procedure Bail Evidence Identification Parade Unlawful Assembly Witness Identification Reversal of Acquittal

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