High Court of Punjab and HaryanaCRM-M/31552/2021disposed of

Mukesh Kumar Yadav And Others v. State Of Haryana

2021-08-13Mr. Justice Suvir Sehgal2 pages

CRM-M-31552 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-31552 of 2021 Date of decision:13.08.2021 Mukesh Kumar Yadav and others ... Petitioners Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Aditya Sanghi, Advocate for the petitioners.

Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Petitioners have filed this petition under Section 439 of Cr.P.C.for grant of regular bail in case FIR No.84 dated 22.03.2021 registered under Section 17 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Sirsa, District Sirsa. Learned counsel for the petitioners submitted that FSL report has not yet been received by the prosecution agency. Learned State counsel upon instructions from ASI Ashok Kumar does not refute the fact that FSL report has not been received so far. He has further instructions to submit that the petitioners are not involved in any other criminal case. Thereupon, learned counsel for the petitioners has SAVITA KADIAN 2021.08.13 16:12 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-31552 of 2021 {2} 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 petitioners deserve the concession of interim regular bail till receipt of FSL report.

Therefore, the petition is allowed and the petitioners are 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 petitioners 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 August 13, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.08.13 16:12 I attest to the accuracy and integrity of this document High Court Chandigarh