High Court of Punjab and HaryanaCRM-M/42870/2018disposed of

Malkeet Singh @ Nikka v. State Of Haryana

2018-10-03Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.42870 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.42870 of 2018 Decided on: 03.10.2018 Malkeet Singh @ Nikka ....Petitioner

Versus

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

Mr. Manvinder Sandhu, Advocate for the petitioner.

Mr. Himmat Singh, 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.0119 dated 11.08.2018, for offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Baragudha, District Sirsa.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 11.08.2018 and his bail application was dismissed by the Additional Sessions Judge, Sirsa vide order dated 17.09.2018.

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 be released on interim bail. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and till MOHD YAKUB 2018.10.04 04:29 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.42870 of 2018 date, the report of the FSL/Chemical Examiner has not been received. Learned State counsel has filed the Custody Certificate today in the Court and on instructions from SI Om Parkash, 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 03.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.04 04:29 I attest to the accuracy and authenticity of this document Chandigarh