High Court of Punjab and Haryana granted the petitioner interim bail pending the receipt of the FSL report in a case under Section 22 NDPS Act, relying on Inderjeet Singh @ Laddi, directing surrender upon report arrival subject to conditions.
Interim bail granted subject to surrender before trial court upon receipt of FSL report.
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CRM-M No. 16562 of 2020
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In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 16562 of 2020 Date of Decision: 10.7.2020
Jagtar Singh
......Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Ravinder Sharma, Advocate for the petitioner.
HARNARESH SINGH GILL, J. (ORAL)
The petitioner seeks regular bail in FIR No. 0056 dated 20.4.2020 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Moonak, District Sangrur.
Learned counsel for the petitioner submits that the petitioner has been in judicial custody since 20.4.2020. 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 versus State of Punjab, 2014(3) RCR (Criminal) 953.
Notice of motion.
On the asking of the Court, Mr. Amit Mehta, Sr. DAG, Punjab accepts notice on behalf of the State. He 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 learned counsel for the parties.
GURPREET SINGH 2020.07.10 15:18 I attest to the accuracy and integrity of this document Chadigarh
CRM-M No. 16562 of 2020
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A Division Bench of this Court in case of ' 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 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.
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.
(HARNARESH SINGH GILL) JUDGE
July 10, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2020.07.10 15:18 I attest to the accuracy and integrity of this document Chadigarh
3 issues framed by the court
Whether the petitioner accused under Section 22 NDPS Act is entitled to interim bail pending the receipt of FSL report.
Whether interim bail can be granted pending scientific report and the conditions thereof.
Whether the prosecution can apply for cancellation of bail if misused.
Colour shows how this judgement treated each authority
Inderjeet Singh @ Laddi and others versus State of PunjabRelied on¶15
Inderjeet Singh @ Laddi and others versus State of Punjab, 2014(3) RCR (Criminal) 953
1 provisions across 1 enactments
Jagtar Singh
State of Punjab
HARNARESH SINGH GILL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
