Rajender Parshad @ Raju vs State of Haryana

Prayer in this petition is for grant of regular bail to the petitioner in case FIR No. 198 dated 23.07.2018, registered under Section 21 and 22-C of the

NDPS Act, 1985 at Police Station Sadar Dabwali, District Sirsa.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 03.08.2018 and his bail application was dismissed by the

Additional Sessions Judge, Sirsa, vide order dated 14.09.2018 (Annexure P-1). Learned counsel for the petitioner also submits that the petitioner was

not arrested at the spot and was subsequently named in the FIR on the disclosure of the co-accused.

Learned counsel for the petitioner submits that the report of the FSL is still awaited. Learned 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 may be

released on interim bail. Learned 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.

Learned 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 accused-petitioner can be granted interim bail till the 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.