Raj Kumar v. State Of Punjab

CRM-M-25783 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-25783 of 2021 Date of decision:12.07.2021 Raj Kumar ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Vishal Aggarwal, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

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.52 dated 21.05.2021 registered under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "1985 Act")at Police Station Arniwala, District Fazilka.

Learned counsel for the petitioner has submitted that FSL report has not yet been received by the prosecution agency. Learned State counsel upon instructions from SI Jalandhar Singh does not refute the fact that FSL report has not been received so far. He has further instructions to submit that there are 03 other cases against the SAVITA KADIAN 2021.07.13 16:50 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-25783 of 2021 {2} petitioner under the provisions of the NDPS Act. 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 disposed of 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 July 12, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.07.13 16:50 I attest to the accuracy and integrity of this document High Court Chandigarh