High Court of Punjab and HaryanaCRM-M/33031/2020allowed

Kulwinder Singh @ Mor v. State Of Haryana

2020-10-29Mr. Justice Suvir Sehgal2 pages

CRM-M-33031 of 2020 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-33031 of 2020 Date of decision:29.10.2020 Kulwinder Singh @ Mor ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. K.S.Brar, Advocate, for the petitioner.

Mr. Rajiv Sidhu, Deputy Advocate General, Haryana. 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.67 dated 24.06.2020 registered under Section 22(c) of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "1985 Act") at Police Station Rori, District Sirsa. Learned counsel for the petitioner has submitted that petitioner is in custody since 29.07.2020 and FSL report has not yet been received by the prosecution agency.

Learned State counsel upon instructions from ASI Bhupinder Singh does not refute the fact that FSL report has not been received so far. Thereupon, learned counsel for the petitioner has restricted his prayer made SAVITA KADIAN 2020.10.29 16:41 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-33031 of 2020 {2} 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 allowed 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 October 29, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.10.