Rohit Chandrakant Gangane v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL BAIL APPLICATION (B.A.) NO.339 OF 2024 Sampat Popat Chavan (Vs.) The State of Maharashtra, through PSO, PS, Hinganghat and Another ____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.M. Chandekar, Mr. S.N. Singh, and Mr. Dandvate, Advocate h/f Mr. M.P. Khajanchi, Advocate for applicant.

Mr. D.V. Chauhan, P.P. with Mrs. S.V. Kolhe, APP for non-applicant No.1/State. Ms. S.M. Tripathi, Adv. h/f Mr. S.K. Phaltankar, Advocate (appointed) for non-applicant No.2.

Non-applicant No.2 in person.

CORAM : G.A. SANAP, J.

DATE : 03.08.2024 In terms of the order dated 31.07.2024 the Director, Directorate of the F.S.L., Home Department, Mumbai has filed the affidavit. In the affidavit the Director has stated the vacancy position and the steps taken from time to time to fill up the vacancies. The statement has also been made with regard to the compliance of the order dated 22.12.2023. In the letter received from the Police Station, Hinganghat, District Wardha, the in-charge of Hinganghat Police Station has stated that he was

2/3 informed by the R.F.S.L., Nagpur that the samples for the year 2017-18 are being analyzed. This information was called when this Court has noticed that the sample in this case was not analyzed for months together.

2.

In my view, in order to take this issue to its logical conclusion, apart from the vacancy statement which has been placed on record, it would be necessary to direct the Director, Directorate of F.S.L., Home Department, Mumbai to place on record the year wise pendency of the samples sent to the F.S.L., Mumbai and to the other Labs in the State of Maharashtra under the control of the Director. The year wise statement shall be obtained from the concerned Labs. The Director shall obtain the necessary explanation from the in-charge of the concerned Lab for delay, if any, in the analysis of the samples.

3.

The Director, who is present before the Court through video conferencing shall file the year wise pendency statement of the samples sent to F.S.L., Mumbai and various Labs in the State of

3/3 Maharashtra with the reasons, if any, for delay in the analysis of the samples.

4.

Such statement be filed with the affidavits. It shall be filed on or before 20.08.2024 . As far as this application is concerned, it shall be listed for argument on 06.09.2024.

5.

The authenticated copy of this order be provided to learned APP for the State.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 03/08/2024 17:13:30