Alhate, City Magistrate at Nashik as PW25. He had
conducted the TI parade of accused nos. 1 to 5 on 25.07.2003.
Through his evidence ... parade. It is submitted that on the contrary he
admits that the parade was held in an open space. It is submitted
that TI parade
accused persons, the stolen items were recovered. In the TI
parade appellants were identified and after investigation the
police had filed the challan and charge ... given the description of
clothes which they were wearing. In the TI parade Manoj PW.9
has identified the appellants Rohit and Golu, the panchnama
under:
"Another disturbing feature of the case is that
the TI parade was held inside the lock-up of
the CID Department ... photographs
of the appellants and other accused were
shown before the TI parades, but they were
held in the lock-up of the investigating agency
under:
"Another disturbing feature of the case is that
the TI parade was held inside the lock-up of
the CID Department ... photographs
of the appellants and other accused were
shown before the TI parades, but they were
held in the lock-up of the investigating agency
informant and he
waives his right of being put in any TI Parade and undertakes that he will not
challenge his identification by any witness ... trial of the case on the
ground that no proper TI Parade was held, hence, the petitioner be given the
privilege of anticipatory bail.
Learned
been a previous T.I. Parade to test
his powers of observation. The idea of holding T.I. Parade
under Section 9 of the Evidence ... form the basis of conviction unless corroborated by previous
identification in TI parade or any other evidence, though there
are exceptions to this rule
days in holding the T.I. Parade and
before the TI parade photographs of the appellants were shown to the
witnesses. He also submitted that ... also
submitted that the eye witnesses duly identified the appellants during TI
Parades conducted by the Judicial Magistrates
arrested. Accused persons other than the appellant were
identified in the TI Parade and confessional statements of the appellant,
Khaledur, Ohidul and Milan were recorded
procedural illegality and irregularity committed by the courts below. TI Parade
was also carried in a proper manner and the informant also identified the
miscreants
that there is no recovery or
discovery from the applicant; (iv) TI parade
was not held; (v) co-accused have been
enlarged on bail either
