Naginder Singh Alias Babbu vs State Of Haryana

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. Through this petition under Section 439 Cr.P.C., the petitioner seeks regular bail in case

bearing FIR No.157 dated 25.04.2020 registered under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station

City Mandi Dabwali, District Sirsa.

Learned counsel for the petitioner submits that the petitioner has been in custody since 25.04.2020. He also submits that the report of FSL is still

awaited. He restricts his prayer to the extent that the 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 vs State of Punjab, 2014 (3) RCR (Criminal) 95.3 He also states that the petitioner is

not involved in any other case.

Learned State counsel does not dispute the aforesaid factual position, 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 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 his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty

Magistrate, till receipt 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 in misusing the concession of bail, in any

manner.

Disposed of.