High Court of Punjab and HaryanaCRM-M/30885/2020allowed

Ram Singh v. State Of Haryana

2020-10-07Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 30885 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 30885 of 2020 Date of Decision: 07.10.2020 Ram Singh ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Aditya Sanghi, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) The petitioner seeks regular bail in FIR No. 171 dated 24.7.2020 under Sections 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 18-A and 18-C of Drugs and Cosmetics Act, 1940 registered at Police Station Kalanwali. Learned counsel for the petitioner submits that the petitioner has been in judicial custody since 24.7.2020. He also submits that report of FSL is still awaited. He restricts his prayer to the extent that the petitioner may be released on interim bail till the report of FSL is received. In support of his contentions, he relies upon Inderjeet Singh @ Laddi and others versus State of Punjab, 2014(3) RCR (Criminal) 953 and the decision passed by the Co-ordinate Bench of this Court in CRM-M-28140-2020 titled 'Shivraj Singh @ Raju versus State of Haryana' decided on 21.9.2020.

Learned State counsel has admitted the fact that report of FSL GURPREET SINGH 2020.10.07 17:20 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 30885 of 2020 -2is still awaited, but opposes the prayer made by the learned counsel for the petitioner.

I have heard learned counsel for the parties. A Division Bench of this Court in case of 'Inderjeet Singh @ Laddi's case (supra) has held that the accused-petitioner can be granted interim bail till the report of FSL is received. Accordingly, the petitioner is ordered to be released on interim bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, till receiving of the FSL report. 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 of 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.

Disposed of.

(HARNARESH SINGH GILL) JUDGE October 07, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.10.07 17:20 I attest to the accuracy and integrity of this document Chadigarh