S.K.AGARWAL, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A.
(2.) IT is contended by learned Counsel for the applicant that, undoubtedly, this is a case of dacoity in which two persons have lost their lives. Jewellery and cash were also looted. A prompt First Information Report was lodged of the incident. This applicant was arrested while he was driving the motor cycle on 14 -9 -2000, i.e., nearly about a month or so after the incident. The recovered property from the motor cycle was identified on the spot as looted property. Brother of the informant present with the police has identified the property on the spot. None of the accused persons who were the participants were nominated in the First Information Report. After their arrest and recovery of the property neither the accused persons nor the property were put to test Iden ­tification Parade. Only they were iden ­tified by the brother of the informant and his sister at the time of their arrest. The law, as is well known, does not recognise this kind of identification. As a matter of fact, the suspects and the property has got to be identified in accordance with the provisions of Section 9, Evidence Act. Strangely enough in such a heinous of ­fence despite the arrest of the accused persons after about a month from the date of the occurrence and recovery the police has not end savoured to test the memory of the witnesses by putting these accused per ­sons to test identification parade. Earlier this conduct of the police has been severely condemned by this Court. But, it appears that nothing is capable of correcting the misdemeanor and meptness of this lawand order maintenance machinery in this State. It is not slumber or ignorance of law but is intemperate insolence. There is none it seems who could checkmate these low rank subordinates who are in charge of investigations. The higher echelon have lost the teeth that used to bite in the past. Why such a pass has come to exist is cer ­tainly to be discerned. It is to be done by none else but by these very supine, spine ­less men in uniform whose fume and furry is so tamed that they are their authority have become non est. The politicians and executive in the days gone bye were not using the lower rung of the policedom for their personal gains. Now both of them have developed a fancy for it to serve their ends. They not only pressure the police but also react vindictively when any police offi ­cial exhibits defiance. The result often is seen in unwarranted transfers, suspen ­sions on cooked up charges etc. They are humiliated to submission. Their superior clan watches it helplessly in some cases and in other some of them may be found shar ­ing the tempests wine. The degradation seems to have embitten the system so deeply that even an angel may fail to cor ­rect it. There is complete lack of will to see, learn and correct amongst the rank and file. They learn only when anyone of their own nail is uprooted. Their agony is worth watching them. We know that the law is violated frequently by the police with high degree of impunity. The immediate supe ­rior do not find time sufficient enough to examine the parchas of the case diary sent to them by these investigative officials and suggest or guide them properly or to take measures to remedy the ills of subor ­dinates so as to avoid acquittal of suspects or under trials on the very first hearing for the latches which have important legal consequences. The is agony is presence of large number of V.I.Ps. and VVI.Ps., small, innocuous and powerful. They all suffer from an unimpeachable desire to be sur ­rounded by large posse of police officials besides other executive officials of their own department. Movement of theirs in caravans led by siren blowing police vans is a daily phenomenon in every city. Cities after cities have the honour of treating a host of V.I.Ps. or VVI.Ps. who cook up flimsy excuses to be there including in ­augurations and marriage of kith and kins and little known people. Be, he a minister, or any other executive, it has become a malaise and the jumbo size cabinets, are adding to the woes since no increase in strength of this force has occurred accord ­ingly. We cannot lay the blame squarely on them (the police). Time has come when a separation between investigation segment from the rest of the force under an able D.G.P. be brought about and no one should be allowed to meddle therein. He should be made directly responsible and answerable to Chief Minister of the State. A cell manned by a senior police official of experience should be created in each and every district for investigation purposes to correct the erratic and irresponsible be ­haviour of Sub -Inspector in investigation. It is high time the Government must give its thought seriously to this aspect so as not only to raise the standard of investigations in our State but also to make it more genuine, honest and effective. It will large ­ly restore the peoples' confidence in the force. It will help in arresting investigative eneptness. Without adverting any further to the merits of the contentions let the ap ­plicant be enlarged on bail on his furnish ­ing personal bond with two sureties each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Banda in case Crime No. 65 of 2000 under Sec ­tions 396/412, I.P.C., Police Station Pailani, district Banda. Bail granted.;