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Abdul Sabbir vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 16 February 2021 · Citation: (2021) 02 P&H CK 0155

HON’BLE JUDGES
Suvir Sehgal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 20, 61
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 6110 Of 2021
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Judgment

17 paragraphs · 350 words

Suvir Sehgal, J

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.335 dated 29.08.2020 registered under Sections

20 and 61 of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as “1985 Actâ€) (Section 61 of 1985 Act, has wrongly

been mentioned in the petition) at Police Station Adarsh Nagar, District Faridabad.

Learned counsel for the petitioner has submitted that petitioner is in custody since 29.08.2020. He has further submitted that FSL report has not yet

been received by the prosecution agency. Counsel has relied upon the order dated 25.01.2021 (Annexure P-3) passed by this Court in CRM-M-2558

of 2021 titled as 'Mohd. Ansar Vs. State of Haryana' whereby co- accused has been released on interim bail on account of the fact that FSL has not

been received.

Learned State counsel upon instructions from SI Om Parkash 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 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.