Bansi Lal v. State Of Haryana

CRM-M No.25946 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.25946 of 2020 (O&M) Date of Decision.10.11.2020 (Heard through VC) Bansi Lal

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Rakesh Nagpal, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.104 dated 01.07.2020 registered under Sections 22C, 61, 85 of NDPS Act, 1985 at Police Station Odhan, District Sirsa. Learned counsel for the petitioner inter alia contends that the petitioner herein was taken into custody in the aforesaid FIR on 01.07.2020. It is submitted that the petitioner has been falsely implicated in the present case. It is also contended that FSL report is still awaited and till such time the FSL report is not being received, the petitioner is entitled to be enlarged on interim bail. In support of his arguments, counsel for the petitioner relies upon judgment rendered in Inderjeet Singh @ Laddi and others vs. State of Punjab, 2014(3) RCR (Criminal) 953. There is no other case pending against the petitioner.

Per contra, learned counsel appearing on behalf of respondentState opposes the grant of regular bail to the petitioner, however, does not PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document

CRM-M No.25946 of 2020 (O&M) -2dispute the fact that FSL report is still awaited. I have heard learned counsel for the parties. In view of the judgment rendered in Inderjeet Singh @ Laddi and others vs. State of Punjab (supra) and that the petitioner herein has been in custody since 01.07.2020 and that FSL report is still awaited and the trial will commence only after receipt of the FSL report, no useful purpose would be served in keeping the petitioner behind bars. At this stage, without commenting on the merits of the case, the instant petition is disposed of and the petitioner is directed to be released on interim regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate, till the FSL report is received.

The petitioner shall submit an undertaking before the trial court/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 misusing the concession of bail, in any manner.

(JAISHREE THAKUR) JUDGE November 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document