High Court of Punjab and HaryanaCRM-M/40765/2018allowed

Vinod Kumar Alias Jagga v. State Of Haryana

2018-09-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.40765 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.40765 of 2018 Decided on: 20.09.2018 Vinod Kumar @ Jagga ....Petitioner

Versus

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

Mr. Satnam Singh Gill, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

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.115 dated 25.07.2018, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Siwan, District Kaithal. Counsel for the petitioner has submitted that the recovery from the petitioner is 9.800 Kgs. of poppy husk and the same is of noncommercial quantity. It is further submitted that the petitioner is not involved in any other case and the FSL report is still awaited. It is further argued that the petitioner is in judicial custody since 25.07.2018.

Counsel for the petitioner, at this stage, 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 be released on interim bail. Counsel for the petitioner has MOHD YAKUB 2018.09.20 17:12 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.40765 of 2018 further submitted that the report of the FSL/Chemical Examiner has not been received.

Counsel for the State, on instructions from ASI Ramesh Kumar has not disputed the factual position, however, 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 20.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.20 17:12 I attest to the accuracy and authenticity of this document High Court, Chandigarh