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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
State of Maharashtra – Appellant
Versus
Tejas @ Dada Mahipati Dalvi, presently in Yerwada Central Prison, Pune – Respondent
| Table of Content |
|---|
| 1. cross-examination of chemical analysts mandatory for reports. (Para 1 , 2) |
| 2. circumstantial evidence proves brutal minor assault murder. (Para 3 , 4 , 5 , 6) |
| 3. summon analysts, supply lab documents for cross-examination. (Para 7) |
| 4. reports admitted sans cross-exam vitiate conviction. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. state concedes summoning experts per precedents. (Para 15) |
| 6. limited remand for experts, not de novo trial. (Para 16 , 17 , 18 , 19) |
| 7. court must summon analysts if reports relied upon. (Para 20 , 21) |
| 8. fresh separate section 313 statements required. (Para 22) |
| 9. bail to accused-2 post substantial incarceration. (Para 23) |
| 10. remand limited; appeals and confirmation disposed. (Para 24 , 25 , 26) |
ORDER :
Manish Pitale, J.
Interim Application No.4190 of 2025
The accused No.1 has filed this application invoking Sections 408 and 432 read with Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for a direction that the chemical analysers of the concerned laboratory be summoned for cross-examination as chemical analyst’s reports (CA reports), being as many as 12 in number, were directly produced during the recording of evidence of the invest
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