Allowed

Jagtar Singh @ Gaggu v. State of Haryana

Punjab & Haryana HC20 Jul 2020CRM-M/12623/2020

Case brief

AI extract

What is this about?

This order grants interim bail to the petitioner in an NDPS case pending receipt of the Forensic Science Laboratory (FSL) report, relying on a Division Bench judgment. The petitioner must surrender once the report is received.

What did the court decide?

Petitioner released on interim bail till FSL report is received, subject to undertaking to surrender on report receipt.

Jagtar Singh @ Gaggu Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2020)

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CRM-M No. 12623 of 2020

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In the High Court of Punjab and Haryana at Chandigarh

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CRM-M No. 12623 of 2020 Date of Decision: 20.7.2020

Jagtar Singh @ Guggu

......Petitioner

Versus

State of Haryana ......Respondent

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CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

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Present: Mr. Lal Singh Sandhu, Advocate for the petitioner.

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Mr. Apoorv Garg, DAG, Haryana.

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HARNARESH SINGH GILL, J. (ORAL)

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The petitioner seeks regular bail in FIR No. 80 dated 28.2.2020 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Ellenabad, District Sirsa.

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Learned counsel for the petitioner submits that the petitioner has been in judicial custody since 28.2.2020. 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

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versus State of Punjab, 2014(3) RCR (Criminal) 953.

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Learned State counsel has admitted the fact that report of FSL is still awaited, but opposes the prayer made by the learned counsel for the petitioner.

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I have heard learned counsel for the parties.

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A Division Bench of this Court in case of ' Inderjeet Singh @

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GURPREET SINGH 2020.07.20 16:53 I attest to the accuracy and integrity of this document Chadigarh

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CRM-M No. 12623 of 2020 -2-

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Laddi' s case (supra) has held that the accused-petitioner can be granted interim bail till the report of FSL is received.

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Accordingly, the petitioner is ordered to be released on interim bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, till receiving 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.

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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.

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Disposed of.

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(HARNARESH SINGH GILL) JUDGE

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July 20, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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GURPREET SINGH 2020.07.20 16:53 I attest to the accuracy and integrity of this document Chadigarh

Jagtar Singh @ Gaggu v. State of Haryana

Case brief

What is this about?

What did the court decide?

Jagtar Singh @ Gaggu v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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