Whether court can hand over custody of accused to investigating officer for Test Identification Parade?

The petitioner has joined the investigation, and in my opinion, custody of the petitioner cannot be given to the IO only for the purpose of conducting of TIP proceedings. Petitioner can be directed to join the investigation and the IO can arrange for TIP proceedings. Therefore, in the facts and circumstances, in the event of arrest, petitioner be admitted to bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the

like amount to the satisfaction of Arresting Officer/SHO concerned.

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLN. 2236/2021

RINKU SHARMA Vs  THE STATE .

CORAM:

 MR. JUSTICE RAJNISH BHATNAGAR

Dated:  28.09.2021

1. This is a petition filed by the petitioner under Section 438 Cr.P.C.

seeking anticipatory bail in case FIR No. 80/2021 under Sections 308/34

IPC registered at Police Station Sangam Vihar, New Delhi.

2. It is submitted by the counsel for the petitioner that the name of the

petitioner is not mentioned in the FIR and he has been identified by the

complainant on seeing CCTV Footage in some other matter and who has

disclosed that it was the petitioner who was also present on the date of the

incident. It is further submitted by the counsel for the petitioner that

petitioner has joined the investigation, and nothing is to be recovered from

him. It is further submitted by the learned counsel for the petitioner that the

only allegation against the petitioner is that he gave legs and fists blows to

the complainant.

3. On the other hand, it is submitted by the learned APP that the

petitioner is the main accused in this case who has started quarrel, and at his behest two other co-accused came there and gave legs and fists blows to the

complainant. It is further submitted by learned APP that petitioner had

caught hold of the complainant. It is further submitted by learned APP that

TIP proceedings are to be conducted and for that purpose custody of the

petitioner is required by the IO.

4. In the instant case, the only allegations against the petitioner are that

he caught hold of the complainant and gave legs and fists blows. The

petitioner has joined the investigation, and in my opinion, custody of the

petitioner cannot be given to the IO only for the purpose of conducting of

TIP proceedings. Petitioner can be directed to join the investigation and the

IO can arrange for TIP proceedings. Therefore, in the facts and

circumstances, in the event of arrest, petitioner be admitted to bail on his

furnishing a personal bond in the sum of Rs.20,000/- with one surety in the

like amount to the satisfaction of Arresting Officer/SHO concerned.

5. The application stands disposed of accordingly.

RAJNISH BHATNAGAR, J

SEPTEMBER 28, 2021

Print Page