Subhash Chander vs State Of Haryana

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. Through this petition, the petitioner seeks regular bail in case bearing FIR No.191 dated

16.06.2020 registered under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Sirsa, District Sirsa.

Learned counsel for the petitioner submits that the petitioner has been in judicial custody since 17.06.2020. He also submits that report of FSL is still

awaited. He restricts his prayer to the extent that 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) 953.

Learned State counsel, on instructions from ASI Balwant Kumar, admits the fact that report of FSL is still awaited, but opposes the prayer made by

the learned counsel for the petitioner.

I have heard the 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 him furnishing bail/surety bonds to the satisfaction of the trial Court/Duty

Magistrate, till the receipt of 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 the receipt of 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.

Disposed of.