Finding a loophole in police investigation, the Bombay High Court has granted bail to a man who has spent eight months in jail in connection with a robbery case.
Justice A P Thipsay ordered the release of Aslam Amin alias Hamja Khaja Qureshi on the ground that he could not be identified by two witnesses in the test identification parade held on December 26, 2013.
Though the complainant had identified the chopper used in the robbery three years ago, he failed to identify the accused in the parade held by police.
The robbery occurred on April 10, 2010 and a case was registered against four persons on the same day under various sections of Indian Penal Code for robbery and house trespass, and under section 25 of the Arms Act.
Since they were not previously known to the first informant, they were described as 'unknown'. Amin was arrested on October 22, 2013.
Interestingly, though the complainant failed to identify Amin, he identified the chopper which was used in the commission of the crime.
"A supplementary statement of the first informant (complainant) regarding identity of the chopper has been recorded. This is rather curious, as going by the version of the investigating agency, the first informant failed to identify the applicant, but could identify the chopper that had been seen by him more than three and half years before it was again shown to him," the Judge noted.
"Inspite of such material against him, the applicant has remained in custody since October 25, 2013. Under the circumstances, he should be released on bail of nominal amount," the court observed.
Allowing the bail application, the court last week ordered the release of the accused on the sum of Rs 5000 with one surety of the like amount.
Amin is currently lodged in Arthur Road jail.
