High Court of Punjab and HaryanaCRM-M/6110/2021allowed

Abdul Sabbir v. State Of Haryana

2021-02-16Mr. Justice Suvir Sehgal2 pages

CRM-M-6110 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-6110 of 2021 Date of decision:16.02.2021 Abdul Sabbir ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Tanmoy Gupta, Advocate, for the petitioner. Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Petitioner has filed this petition under Section 439 of Cr.P.C.for grant of regular bail in case FIR No.335 dated 29.08.2020 registered under Sections 20 and 61 of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "1985 Act") (Section 61 of 1985 Act, has wrongly been mentioned in the petition) at Police Station Adarsh Nagar, District Faridabad.

Learned counsel for the petitioner has submitted that petitioner is in custody since 29.08.2020. He has further submitted that FSL report has not yet been received by the prosecution agency. Counsel has relied upon the order dated 25.01.2021 (Annexure P-3) passed by this Court in CRMM-2558 of 2021 titled as 'Mohd. Ansar Vs. State of Haryana' whereby coSAVITA KADIAN 2021.02.16 16:47 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-6110 of 2021 {2} accused has been released on interim bail on account of the fact that FSL has not been received.

Learned State counsel upon instructions from SI Om Parkash does not refute the fact that FSL report has not been received so far. Thereupon, learned counsel for the petitioner has restricted his prayer made in the petition to interim bail till receipt of FSL Report. In view of the fact that the FSL report in the case has not been received so far and in view of observations of this Court in Para No.54 of the judgment passed by a Division Bench of this Court in Inderjeet Singh @ Laddi and others Vs. State of Punjab: 2014(3) RCR (Criminal) 953 but without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of interim regular bail till receipt of FSL report.

Therefore, the petition is allowed and the petitioner is ordered to be released on interim bail till receipt of FSL report on furnishing of bail bonds to the satisfaction of the trial Court/Chief Judicial Magistrate concerned. On receipt of FSL report, the petitioner shall apply for regular bail before the trial Court which shall be at liberty to decide the same in accordance with law keeping in view the FSL report. (SUVIR SEHGAL) JUDGE February 16, 2021 savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No SAVITA KADIAN 2021.02.