High Court of Punjab and HaryanaCRM-M/2261/2019allowed

Sahil @ Shamsher v. State Of Punjab

2019-01-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.2261 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.2261 of 2019 Decided on: 24.01.2019 Sahil @ Shamsher ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. B.S. Toor, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.266 dated 04.11.2018, for offence punishable under Sections 21/27-A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Moti Nagar, District Ludhiana.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 08.11.2018 and his bail application was dismissed by the Judge, Special Court, Ludhiana vide order dated 05.01.2019. It is further submitted that the co-accused of the petitioner have already been granted the concession of interim bail vide order dated 14.01.2019 passed in CRM-M No.177 of 2019. Counsel for the petitioner has relied upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953, to contend that till the report of the FSL is received, the petitioner MOHD YAKUB 2019.01.24 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.2261 of 2019 be released on interim bail. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and till date, the report of the FSL/Chemical Examiner has not been received. Learned State counsel has not disputed the factual position but opposed the prayer for bail.

In view of the judgment of this Court in Inderjeet Singh @ Laddi's case (supra), wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report.

Accordingly, this petition is allowed and the petitioner is directed to be released on interim bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report. The petitioner shall submit an undertaking before the trial Court/Illaqa Magistrate/Duty Magistrate along with his bail/surety bonds that he will surrender before the trial Court on receiving the FSL report.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 24.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.24 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh