Salman Alias Sonu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4962 MP

Citation : 2021 Latest Caselaw 4962 MP
Judgement Date : 2 September, 2021

Madhya Pradesh High Court

Salman Alias Sonu vs The State Of Madhya Pradesh on 2 September, 2021

Author: Anand Pathak

                                                  1             Cr.A.No.1343/2021

               HIGH COURT OF MADHYA PRADESH
                           BENCH AT GWALIOR


                           :SINGLE BENCH:
          {HON'BLE SHRI JUSTICE ANAND PATHAK}


                   CRIMINAL APPEAL NO.1343/2021

                               Salman alias Sonu
                                        Vs.
                      State of Madhya Pradesh & Anr.
-------------------------------------------------------------------------------------
Shri Suresh Agrawal, learned counsel for the appellant.
Shri B.M. Shrivastava, learned Public Prosecutor for respondent
No.1/State.
None for respondent No.2.
-------------------------------------------------------------------------------------

                             JUDGMENT

nd {Passed on 2 day of September, 2021}

1. Present appeal has been filed under Section 14 (A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for brevity 'the Act') against the order

dated 22-08-2019 passed by Special Judge (Atrocities), Gwalior

whereby the application of the appellant under Section 439 of

Cr.P.C. seeking bail has been rejected. Appellant is in custody

since 18-08-2019 in connection with Crime No.118/2019

registered at Police Station Mohna District Gwalior for the

offence punishable under Sections 376, 506 of IPC, Sections

3(2)(v), 3(1)(w)(i) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989, Section 3/4 of the

POCSO Act and Section 67(A) of Information and Technology

Act.

2. In this case, mainly appellant is facing allegations of rape,

therefore, DNA report is having material bearing over the

decision of this appeal (bail application). This is eighth bail

application and in the present appeal on 23-04-2021 this Court

directed for requisition of DNA report but still it is awaiting.

Despite giving several opportunities, counsel for the State failed

to produce the DNA report.

3. Perusal of letter dated 24-07-2021 written by Director, FSL

Sagar in compliance of direction of this Court indicates that FSL

Sagar is over burdened and they are only able to prepare 100

DNA reports approximately in a month while requisitions of

thousands of DNA reports are pending.

4. Considering the helplessness of FSL Sagar and the fact that in a

case of rape DNA report has material bearing, this Court while

deciding one M.Cr.C.No.45393/2019 vide order dated 22-02-

2020, expressed a thought in relation to establishment of

Forensic Sciences University, considering the same to be one of

essential components of infrastructure. Now in fourth bail

application of the said applicant (M.Cr.C.No.17346/2021), a

detailed order has been passed discussing each and every

aspects in relation to establishment of Forensic Sciences

University which is still under discussion and that bail

application has been listed on 14-09-2021, therefore, list this

case along with M.Cr.C.No.17346/2021.

5. List this case along with M.Cr.C.No.17346/2021 on 14-09-

2021. Meanwhile DNA report be produced, if received by State.



                                                      (Anand Pathak)
Anil*                                                     Judge


ANIL         Digitally signed by ANIL KUMAR
             CHAURASIYA


KUMAR
             DN: c=IN, o=HIGH COURT OF MADHYA
             PRADESH BENCH GWALIOR, ou=HIGH
             COURT OF MADHYA PRADESH BENCH
             GWALIOR, postalCode=474001,

CHAURASI     st=Madhya Pradesh,