Subhang @ Subhankar v. State (Govt Of NCT Of Delhi
$-6&7 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2470/2016 CM PRAKASH ® PANDEY Petitioner Mr. Gaurav Sharma, Adv.
Represented by:
versus GOVT OF NCI OF DELHI Represented by:
Respondent Mr. Hirein Sharma, APP with Insp. Rajpal Singh PS Mangol Puri.
Dr. Madhulika Sharma, Director FSL Rohini, with Dr.
Suminder Kaur, Sr. Forensic Examiner.
t BAIL APPLN. 23/2017 SUBHANG @ SUBHANKAR Petitioner Mr. N.K. Rawal, Mr. Ravi Tikania, Advs.
Represented by:
versus STATE (GOVT OF NOT OF DELHI Respondent Represented by: Ms. Rajni Gupta, APP with Insp. Rajpal Singh PS Mangol Puri.
Dr. Madhulika Sharma, Director FSL Rohini, with Dr.
Suminder Kaur, Sr. Forensic Examiner.
BAIL APPLNs. 2470/2016 & 23/2017 By:AMULYA
* - »- r
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 08.05.2017 Director FSL is present in Court pursuant to the order dated 26'*' April, 2017. Even today the order dated 8'*' February, 2017 directing the Director FSL, Rohini to furnish an explanation as to why report has not been prepared for more than 1 V2 years has not been filed. Director FSL states that in the present case the samples were received at the FSL on 20'** May, 2015 and the processing started on 22"'* October, 2016 when it was found that the sample had putrefied. Thus fresh sample was asked for which process took another 3-4 months, hence there was delay in processing the result.
Director FSL further states that some of the hospitals take the samples as per the protocols prescribed with the result the samples are preserved properly which can give results even later on, however the hospital where protocols are not followed the samples when processed are found to be putrefied, thus giving no proper results. She states that the samples after being received are required to be kept at 4 degree temperature. Obviously this is not available in the malkhana. She further states that the FSL has never delayed in accepting the samples and straight from the hospitals the samples should be sent to the FSL so that they are kept at the optimum temperature so that proper results can be given. She seeks some time to file a detailed affidavit. The same be filed within two weeks.
List on 29'*' May, 2017 before which date the affidavit will be filed. BAIL APPLNs.
e After arguing for some time in respect of the two Bail Applications, learned counsels for the petitioners state that they does not press the Bail Applications at this stage and would take all the pleas available before the learned Trial Court.
Bail Application 23/2017 is dismissed as withdrawn. Bail Application 2470/2016 though withdrawn on merits, the only reason it is being kept pending is for appropriate directions so that the samples are received in the FSL expeditiously and action is taken thereon. List Bail Application 2470/2016 to this limited extent on 29^ May, 2017.
MUKTA GUPTA, J.
MAY 08,2017 'ga'
BAIL APPLNs. 2470/2016 & 23/2017