Bombay High Court
Surender Vijay Paswan vs State Of Maharashtra And Anr on 17 August, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 46 BA 1979.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1979 OF 2022
Surender Vijay Paswan .. Applicant
Versus
State of Maharashtra and anr .. Respondents
...
Mr. Prabhanjay Dave for the Applicant.
Mr. S.H. Yadav, A.P.P. for the State/Respondent.
...
CORAM: BHARATI DANGRE, J.
DATED : 17th AUGUST 2022 P.C:-
1. The counsel for the applicant submit that, he was granted liberty to renew his request, once the report of DNA analysis is received. The order dated 9/12/2021 record as under:
"Director, Forensic Science Laboratory to intimate about submission of report of DNA sample within a period of four months from today before the Court below." Thereafter the applicant once again approach the Special Judge, in POCSO Case No. 165 of 2021, where he specifically argued that in-spite of direction of the High Court DNA report is not filed on record, and there is nothing on record to establish the paternity of the newly born child.
2. Without appreciating the said contention, the Special Court once again consider the merits of the matter and record that, the applicant was to marry with the girl and on the pretext of marriage he had sex with her. But when he left for his native Ashish Mhaske ::: Uploaded on - 18/08/2022 ::: Downloaded on - 18/08/2022 16:30:08 ::: 2/2 46 BA 1979.22.doc place he did not return back. It is also recorded that, unfortunately child is given his adoption, but then learned APP submitted that they will take some steps to clarify the aspects.
3. In the wake of the uncertainty prevailing, whether the DNA analysis was carried out to ascertain the paternity of the child, let the learned APP make a clear statement whether the samples were collected and it had been forwarded for analysis.
4. List on 7/09/2022.
( SMT. BHARATI DANGRE, J.) Ashish Mhaske ::: Uploaded on - 18/08/2022 ::: Downloaded on - 18/08/2022 16:30:08 :::