SAMIT GOPAL
Praveen Pal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the records.
2. Personal affidavit of Sri Ashok Kumar, Deputy Director, Forensic Science Laboratory, U.P., Agra has been filed today which is taken on record. He is present in Court in compliance of the order dated 6.4.2022 of this Court.
3. Personal affidavit of Sri Badugu Deva Paulson, Secretary (Home), Government of U.P., Lucknow has also been filed today which is taken on record.
4. Personal affidavit of Sri Mukul Goel, Director General of Police, U.P., Lucknow has also been filed today which is taken on record.
5. Learned counsel for the applicant states that the present bail application has rendered infructuous as the trial has concluded and the applicant has been convicted, as such the same may be dismissed as not pressed.
6. Although a prayer has been made to dismiss the bail application as not pressed but since compliance affidavits have been filed by the concerned officials as stated above in compliance of the order dated 6.4.2022 of this Court, it would be necessary to refer to them as the said matter is in the larger interest of jus
The importance of timely examination of evidence by the Forensic Lab in criminal cases.
The right to a speedy and fair trial is integral to Article 21 of the Constitution of India, and the court emphasized the importance of timely dispensation of justice.
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The central legal point established in the judgment is the importance of DNA verification in rape cases, especially those involving minors, as highlighted in the provisions of section 53-A of the Cri....
The main legal point established in the judgment is that failure to complete investigations within the stipulated period entitles the accused to default bail under Section 167(2) of the Cr.P.C.
Trial vitiated if chemical/DNA reports relied upon without summoning experts for cross-examination; court must summon as witnesses, remand limited for that purpose with fresh Section 313 statements, ....
(1) Statutory bail – Accused under NDPS Act are also entitled to be informed of their such right by Special Judge – If charge-sheet is filed within statutory period of 180 days or within extended per....
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
Narcotic Substances - Bail rejected - Petitioner has been found in possession of contraband of commercial quantity - Court is unable to record a finding that there are reasonable grounds for believin....
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