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High Court of Punjab and HaryanaCRM-M/13252/2020disposed of

Jharmal Singh v. State Of Haryana

2020-08-28Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13252 of 2020 (O&M) DATE OF DECISION : 28.08.2020 Jharmal Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Jagjit Singh Gill, Advocate, for the petitioner.

Mr. Bhupender Singh, DAG Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

The petitioner is seeking regular bail in FIR No. 21 dated 15.02.2020, registered under Section 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Odhan, District Sirsa. 2.

Learned counsel, at the outset, submits that petitioner is in custody since 15.02.2020. FSL report has still not been received in this case despite lapse of 6 months. In view of law laid down in the case of "Inderjeet Singh @ Laddi and others vs State of Punjab", 2014(3) RCR (Criminal) 953, petitioner is entitled to be released on interim bail. Learned counsel for the petitioner has further submitted that the petitioner is not involved in any other case.

3.

Learned State counsel does not dispute the aforesaid factual position but opposes the bail.

4.

In Inderjeet Singh @ Laddi's case (supra), it has been held that awaiting the report of Chemical Examiner/FSL, the accused-petitioner can be SONU 2020.08.29 02:27 I attest to the accuracy and integrity of this document

granted interim bail until the receiving of such report. Accordingly, this petition is disposed of with a direction that petitioner shall be released on interim bail subject to his furnishing bail/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report. The petitioner shall submit an undertaking before the Illaqa Magistrate/Duty Magistrate along with his bail/surety bonds that he will surrender before the trial Court in the event FSL report is adverse. It will also be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARUN MONGA) August 28th 2020 JUDGE Jiten Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.08.29 02:27 I attest to the accuracy and integrity of this document