Rohit Kumar vs State Of Haryana

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.0332, dated 18.07.2020 registered under Section

21(c) and Section 29 (added later on) of Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Mahesh Nagar, District Ambala

(Haryana).

Learned counsel for the petitioner submits that the petitioner has been arraigned as an accused on the basis of the disclosure statement of Jitender

Sharma @ Johny, who has been released on interim bail vide order dated 09.11.2020, Annexure A-1, passed by this Court in Jitender Sharma @

Johny Vs. State of Haryana. Learned counsel for the petitioner has further submitted that FSL report has not yet been received by the prosecution

agency.

Learned State counsel upon instructions from SI Balkar 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 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) 95 3but

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 regular 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.