Pankaj Mahadev Doke vs State Of Maharashtra
2022 Latest Caselaw 11628 Bom

 SSA                                                         38-Cri.Appln.914.2022.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPLICATION NO.914 of 2022

 Pankaj Mahadev Doke                                      ...Applicant
      V/s.
 The State of Maharashtra                                 ...Respondent

                                      *****
 Mr. Niranjan Mundargi i/b Mr. Omkar Gharat with R.R. Parmane
 for Applicant.
 Mr. A. R. Patil, APP for Respondent (State).
                                    *****
                               CORAM    :         AMIT BORKAR, J.

                               DATE           :   15th NOVEMBER, 2022

 P.C.:

1. The order dated 13th September, 2022 directing accused to provide blood sample is subject matter of present Application.

2. Learned advocate appearing for the applicant submitted that the order could not have been passed as the same is contrary to the provisions of law. He submitted that person cannot be forced to provide blood sample. In support of his submission, he placed reliance on the judgment of Apex Court in the case of Inayath Ali & Anr. Vs. State of Telangana in Criminal Appeal no.1569 of 2022 dated 15th September, 2022.

3. Learned APP invited my attention to the paragraph no.2 of the impugned order. The paragraph no.2 in the impugned

SSA 38-Cri.Appln.914.2022.doc

order records that the applicant agreed to appear before the Investigating Officer to facilitate taking of his blood sample.

4. Learned advocate appearing for the applicant states that the applicant intends to explain the circumstances under which the applicant's consent was taken. He, therefore, intends to explain circumstances under which such statement was made before the learned Additional Sessions Judge Khed. He states that the applicant intends to file Application to withdraw the consent. In view of the circumstances, existent on the date of passing of the order.

5. The applicant is therefore permitted to file appropriate Application before the learned Additional Sessions Judge Khed, District Pune for clarification of the statement recorded in paragraph no.2 in order to enable the applicant to seek appropriate clarification from the learned Additional Sessions Judge Khed, District, Pune.

6. Stand over to 16th December, 2022.

7. Ad-interim relief granted earlier to continue till 19 th December, 2022.

(AMIT BORKAR, J.)