High Court of Punjab and HaryanaCRM-M/46291/2019allowed

Suraj Bhan @ Kaka v. State Of Punjab

2019-11-21Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.46291 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.46291 of 2019 Date of Decision : November 21, 2019 Suraj Bhan @ Kaka ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Gursimran Singh Madaan, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.67 dated 3.8.2019 under Sectinos 22/25/61/85 of the NDPS Act, registered at Police Station City Raikot, Ludhiana.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 17.8.2019 and his bail application was dismissed by the Judge Special Court, Ludhiana vide order dated 3.10.2019.

Counsel for the petitioner has relied upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953, to contend that till the report of the FSL is received, the petitioner be released on interim bail. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and till date, the report of the FSL/Chemical Examiner has not been received. SATISH KUMAR 2019.11.21 17:20 I attest to the accuracy and integrity of this document

CRM-M No.46291 of 2019 -2Learned State counsel has not disputed the factual position but opposed the prayer for bail.

In view of the judgment of this Court in Inderjeet Singh @ Laddi's case (supra), wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report.

Accordingly, this petition is allowed and the petitioner is directed to be released on interim bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report. The petitioner shall submit an undertaking before the trial Court/Illaqa Magistrate/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 involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) November 21, 2019 JUDGE satish Whether speaking/reasoned Yes/No Whether reportable:

Yes/No SATISH KUMAR 2019.11.21 17:20 I attest to the accuracy and integrity of this document