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When the FSL report in itself is inconclusive, it cannot be relied upon and the applicant deserves to be released on bail: HIGH COURT OF MADHYA PRADESH AT INDORE

The M.Cr.C. is accordingly dismissed by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of SAYDAM V. THE STATE OF MADHYA PRADESH through HON’BLE JUSTICE SUBODH ABHYANKAR

FACTS OF THE CASE
This is the second bail application of the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.910/2021 registered at Police Station Barwani, District Barwani (MP) for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860. The applicant is in custody since 21/12/2021. His earlier bail application M.Cr.C. No.10407/2022 has already been dismissed by this Court on merits vide order dated 23/03/2022, however, with liberty reserved to the applicant to renew his prayer after the FSL report is received. Counsel for the applicant has submitted that now the FSL report has already been received and the articles which have been seized from the applicant were although blood stained, however, there is no further finding regarding grouping of the blood nor there is any DNA profiling. In such circumstances, when the FSL report in itself is inconclusive, it cannot be relied upon and the applicant deserves to be released on bail. It is further submitted that the applicant is in jail since 21/12/2021 and final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and the applicant be released on bail.

JUDGEMENT
In this case, a perusal of the aforesaid decision clearly reveals that even the Supreme Court has opined that there is no straight jacket formula to appreciate the FSL report and it cannot be discarded simply because there is no grouping, what the Supreme Court has observed is that the judicial conscience of the Court should be satisfied both about the recovery and about the origin of the human blood. In the aforesaid case, the Supreme Court had all the evidence available on record relied upon by the prosecution during the trial and in such circumstances, the FSL report was not relied upon. In the present case, however, the trial is at the initial stage as the evidence is yet to be recorded and at this stage this Court has no reason to disbelieve the seizure of the cloths of the applicant which were found to be stained with human blood as per the FSL report, and thus on the face of it, the involvement of the applicant in the present case cannot be ruled out. This court is of the considered opinion that in the presence of such incriminating material already available on record against the applicant, it would be too early to jump on the conclusion regarding his innocence. In such circumstances, no case for grant of bail is made out. M.Cr.C. is accordingly dismissed.
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JUDGEMENT REVIEWED BY SHREYA NIDHI

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