1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3366 of 2009 Kisan v. The State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.K. Tiwari, Adv for applicant Mr A.S. Fulzele, APP for State Coram : A.P. Bhangale, J Dated : 13th January 2010 1. Heard learned counsel for applicant and learned Additional Public Prosecutor for State. Applicant is seeking bail in Crime No. 32/2008 registered with Police Station, Bhiwapur, district Nagpur under Sections 302, 506 read with Section 34 of the Indian Penal Code. 2. Learned counsel for applicant contends that co- accused Manoj and Doma have been ordered to be released on bail and applicant deserves to be released on bail on parity. 3. Ground of parity raised by the applicant is of no avail. This Court in case of Manoj and the Sessions Court in case of Doma have found that there was no corresponding injury in the post-mortem report which can be caused by weapons the said co-accused were alleged to have used. In the present case 2 applicant dealt blows with the help of knife (gupti) which has been seized by the investigating agency. Moreover, this applicant is said to be the prime accused in the incident. This Court has already considered prayer of applicant via Criminal Application No. 2596 of 09 for release of bail, but that was rejected vide order dated 13.8.2009. No new ground or change in circumstance is pointed out. Hence, application is rejected. Trial Court is expected to conclude trial as early as possible provided there is cooperation from the accused persons. If inspite of cooperation from accused, trial Court for some other difficulties is not able to conclude trial, liberty to the applicant to approach this Court for bail. 4. It is often observed by this Court and it was transpired in the course of hearing on this application also that reports from the Forensic Sciences Laboratory in respect of samples collected and sent by the police or medical officers through police are not sent to the concerned authorities. Due to delay, many a time either charge-sheet is held up or it is sent without C.A. Report. In absence of analysis report stages involved in the process of justice delivery system are stalled. This results into negation of right to speedy trial particularly where the accused are in jail or in judicial custody. The Regional Director, Forensic Sciences Laboratory, Ajni, Nagpur is requested to look into the matter and take corrective measures if the staff concerned is lethargic and negligent. If the delay in examination, analysis and report is on account of inadequate 3 infrastructure, he should take up the issue with his superiors and/or the State Government. Needful be done at the earliest. The Registrar (Judicial) of this Court is requested to send copy of this order to the Regional Director. Steno copy of this order be supplied to learned Additional Public Prosecutor to do the needful. Application disposed of accordingly. Judge. Hsj