High Court of Punjab and HaryanaCRM-M/15033/2020disposed of

Binderpal Alias Binder v. State Of Punjab

2020-06-29Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15033-2020 Decided on : 29.06.2020 Binderpal @ Binder . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Shiv Kumar Sharma, Advocate for the petitioner(s).

Mr. Jagmohan Ghuman, DAG, Punjab assisted by ASI Balwinder Singh.

**** MANJARI NEHRU KAUL , J. (Oral) Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of concession of bail in case FIR No. 86, dated 06.05.2020, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), registered at Police Station Sadar Sangrur, District Sangrur, during pendency of trial.

Learned counsel for the petitioner inter alia contends that he would not press the petition for bail pending trial. However, the petitioner may be extended the concession of interim bail till the receipt of the FSL report, which is still awaited. In support of his contention, learned counsel for the petitioner has placed reliance upon the Division Bench judgment of this Court, rendered in 'Inderjeet Singh @ Laddi and others Vs. State of Punjab, 2014(3) RCR (Criminal) 953' that in such an eventuality, an accused can be extended the concession of interim bail. Further submits that petitioner is in custody since 06th May, 2020.

JAWALA RAM 2020.06.29 15:59 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-15033-2020 - 2 - Learned State counsel on the other hand while opposing the prayer for grant of concession of interim bail to the petitioner, has admitted that FSL report is still awaited and the delay has been on account of the outbreak of the pandemic. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that petitioner is behind bars since 06th May, 2020 and FSL report has not yet been received in respect of the contraband recovered from the petitioner, keeping in view the ratio of above judgment (supra), the instant petition is disposed off with a direction that the petitioner be released on interim bail on his furnishing bail bonds/surety bonds to the satisfaction of learned CJM/trial Court/Duty Magistrate concerned.

It may be clarified that the interim bail granted to the petitioner will come to an end automatically, on receipt of the report of FSL by the trial Court and he would be liable to surrender before learned trial Court forthwith. (MANJARI NEHRU KAUL) JUDGE June 29, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.06.29 15:59 I attest to the accuracy and authenticity of this document Chandigarh