High Court of Punjab and HaryanaCRM-M/1233/2022disposed of

Gagandeep Singh v. State Of Punjab

2022-01-18Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1233-2022 Date of Decision:-18.1.2022 GAGANDEEP SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH Present:- Mr. Aminder Singh, Advocate for the petitioner.

Mr. B.S. Sewak, Addl. A.G. Punjab.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

Prayer in the present petition under Section 439 of Cr.P.C. is for grant of regular bail to the petitioner in case having FIR No.73 dated 20.10.2021 registered under Section 22 of NDPS Act at Police Station Sherpur, District Sangrur mainly on the ground that FSL report has not been received in this case till date.

Counsel for the petitioner while restricting his prayer for grant of interim bail submitted that the petitioner be granted interim bail till receipt of report of FSL in the light of judgment of the Division Bench of this Court in case titled as Inderjeet Singh @ Laddi and others vs. State of Punjab, 2014(3) RCR (Criminal) 953.

GAURAV SOROT 2022.01.18 15:45 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-1233-2022 Learned State counsel has not disputed the fact that the FSL report has not been received in the present case till date. However, the State counsel has opposed prayer of the petitioner regarding grant of interim bail. The State counsel failed to bring to the notice of this Court any judgment contrary to the judgment of the Division Bench of this Court in Inderjeet Singh @ Laddi's case (supra).

Accordingly, in the light of the judgment passed in Inderjeet Singh @ Laddi's case (supra), prayer for grant of interim bail to the petitioner is accepted and the petitioner is ordered to be released on interim bail till the receipt of the report of FSL subject to his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, concerned and subject to the condition that he is not required in any other case and besides this, he would surrender before the learned trial Court as and when the report of FSL is received. However, nothing stated in this order shall be considered as an expression of opinion on the merits of the case. The present petition is allowed in the aforementioned terms. ( KARAMJIT SINGH) 18.1.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.01.18 15:45 I attest to the accuracy and integrity of this document