Vinod Banhayalal Trivedi @ Vinod Kanhayalal Trivedi v. State of Maharashtra
Case brief
What is this about?
The court observed that delayed analysis due to staff shortages hinders criminal trials. It directed the Director, FSL, to urge the Home Department to fill vacancies by 28/02/2024.
What did the court decide?
Directed the Director, FSL, to ensure vacancies in CA and Support Staff are filled and submit compliance by 28/02/2024.
What the court decided
P.H. Jayani 07 BA4209.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 4209 OF 2021
Vinod Banhayalal Trivedi @
Vinod Kanhayalal Trivedi …. Applicant
v/s.
The State of Maharashtra …. Respondent
Mr. Nitin Gangal i/b. Mr. N.M. Nadar for the Applicant.
Ms. P.N. Dabholkar, APP for the State.
CORAM : G.A. SANAP, J.
DATED : 22nd DECEMBER, 2023.
P. C. :-
. This Bail Application is disposed by a separate order passed today. By order dated 04/12/2023, the Incharge of the FSL, Kalina, Mumbai
was directed to file affidavit and place on record the reasons for delay
in analysis of the samples.
2.It is noticed that in large number of criminal cases, the reports of
analysis of the samples are awaiting. In the bail application, failure to
file the reports of analysis is pleaded as ground for bail. It is also
noticed that the charge sheets in large number of criminal cases are
filed without CA reports. The accused in large number of cases are
languishing in jail. It is noticed that for want of the CA reports, the
trial courts are handicapped. In a criminal case, charges cannot be
Issues for consideration
2 issues framed by the court
Whether the heavy vacancise in Forensic Science Laboratories can be sat down as a ground for delay in filing charge sheets and analysis reports.
Whether the Department of Justice should be directed to fill up the vacant posts for effective disposal of criminal cases.
Parties & counsel
- applicant
Vinod Banhayalal Trivedi @ Vinod Kanhayalal Trivedi
- respondent
The State of Maharashtra
Coram
G.A. Sanap
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court