Single judge court is satisfied with Investigating Officer's affidavit clarifying DNA sample sealing. Directions issued for trial conclusion by Jan 31, 2025 after Section 313 statement recording.
Application disposed on direction for trial conclusion by 31/01/2025.
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MANDIRA MILINDSALGAONKAR Digitally signed by MANDIRAMILIND SALGAONKARDate: 2024.10.19 21:56:11+0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1931 OF 2024
Mahesh Vasant Galande
.. Applicant
Versus
The State of Maharashtra & Anr. .. Respondents
Mr.Gaurav Kalekar with Mr.Aman A. Kothari for the Applicant.
Mr.S.V.Gavand, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE, J. DATED : 18th OCTOBER, 2024
P.C:-
“13. I say that perusal of the documents annexed to the charge sheet and the said MLC register would show that the blood sample of the accused was taken on 31/08/2019 and same was properly sealed by the medical officer before handing over the same to the Police and even when the said sample was again handed over to medical officer, when the said sample was again handed over to medical officer, when the said sample was not accepted by the C.A., the said sample was in sealed condition and said sample was again handed over in same condition by the medical office to police for handing over the same to the C.A. and the only defect which can be
M.M.Salgaonkar
2/2 3 BA-1931-24.odt
noticed was in respect of unsealing of identification form at first time. I therefore say that the blood sample of the accused which was collected, on 31/08/2019 was always in sealed condition till the same was handed over to the C.A. on 04/09/2019.
At this stage, I express satisfaction over the explanation offered.
(BHARATI DANGRE, J.)
M.M.Salgaonkar
2 issues framed by the court
Whether the clarification regarding DNA sample sealing satisfies the requirement for bail.
Whether the trial can be concluded by a specific date including recording of Section 313 statement.
2 provisions across 2 enactments
Mahesh Vasant Galande
The State of Maharashtra & Anr.
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
