The importance of timely examination of evidence by the Forensic Lab in criminal cases.

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 justice before closing the issue.

7. On 6.4.2022, following order was passed by this Court:-

"Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State.

This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 6.2.2020 passed in Criminal Misc. Bail Application No.4779 of 2020. While rejecting the said bail application, this Court had expedited the trial and directed to conclude the same as expeditiously as possible, preferably within six months from the date of production of certified copy of the same. The said order was filed before the trial court on 3.3.2020.

Learned counsel for the applicant argued that the applicant is in jail since 23.04.2018 and the trial has not concluded. This Court vide order dated 27.10.2021 directed the District Judge, Meerut to send the report regarding the stage of trial and compliance of the order dated 06.02.2020 passed by this Court. The order passed on 27.10.2021 is quoted here-in-below:-

"Heard Sri Ravi Kumar Singh, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the State.

This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 6.2.2020 passed in Criminal Misc. Bail Application No.4779 of 2020.

Learned counsel for the applicant argued that the order rejecting the first bail of the applicant was filed before the trial court on 3.3.2020 and even then the trial is pending and has not yet concluded. He has placed the certified copy of the order sheet which is annexed as annexure no.23 to the affidavit filed in support of bail application. The applicant is in jail since 23.04.2018.

Looking to the arguments of the learned counsel for the applicant, let a report from the District Judge, Meerut be called within three weeks from today regarding the stage of trial and compliance of the order dated 06.02.2020 passed by this Court.

The office to communicate this order to the concerned District Judge within a week from today.

Let the matter be listed in the week commencing 22.11.2021 along with report received from the District Judge, Meerut."

The report of the In-Charge Additional Sessions Judge/Special Judge, Special Court No.2 (Prevention of Corruption Act), Meerut dated 17.11.2021 is on record.

A perusal of the said report shows that the statement of P.W.1 Phool Chand Singh was recorded on 4.9.2019, statement of P.W.2 Umesh Chand was recorded on 15.11.2019, statement of P.W.3 and 4 Monu and Devendra Saini was recorded on 18.2.2020. Subsequently the certified copy of the order dated 6.2.2020 was filed before the trial court on 5.3.2020, after it, state