O.P. Jain, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A. for the State and the learned counsel for the complainant. Accused Arvind is in jail in connection with a murder which took place on 21.5.1994. The defence of the accused is that he was in Tihar Jail, New Delhi from 20.5.1994 to 24.5.1994. This aspect of the case was examined by the learned Sessions Judge while rejecting the bail application on 11.7.1994. The learned Sessions Judge found that there is some variation in the height and weight of the person who was lodged in Tihar Jail between 20th May, 1994 to 24th May, 1994 and the height and weight of the applicant. It was also found that on 21st May, 1994 applicant Arvind had attended the test identification parade conducted by the Special Judicial Magistrate in Crime No. 279 of 1994 P.S. Shamli district Muzaffarnagar.
(2.) LEARNED counsel for the applicant has filed supplementary affidavit in which it is stated that in order to establish the identity of the person who was lodged in Tihar Jail, the applicant filed an application before the Special Judge that his thumb mark should be tallied with the thumb mark in the jail register. On this application, S.A. 1, the learned Sessions Judge directed, on 27th July, 1995 that the two thumb impressions are to be compared. On behalf of the accused a report of Sri B.S. Chaudhary, Finger Print Expert has been produced who has opined that the thumb impression of the person lodged in Tihar Jail tallies with the thumb impression of accused Arvind. This report was produced for the first time in this case and the prosecution did not have any opportunity to rebut it. It is not convenient to get the thumb impression examined again by the Government Fingers Print Bureau by this Court. Therefore, it will be proper to direct the trial Court/learned Sessions Judge, Meerut to look into the matter. In view of the above, the bail application filed by accused Arvind in this Court is rejected. However, it will be open to him to move an application for bail before the trial court and if he is able to satisfy the trial court that he was actually in Tihar Jail on 21st of May, 1994, it will be open to the learned Sessions Judge to release the accused on bail.;