Abdul Sabbir vs State Of Haryana
2021 Latest Caselaw 618 P&H

CRM-M-6110 of 2021                                    {1}


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

                                         CRM-M-6110 of 2021
                                         Date of decision:16.02.2021


Abdul Sabbir                                          ... Petitioner

                                  Vs.

State of Haryana                                      ... Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-    Mr. Tanmoy Gupta, Advocate, for the petitioner.

             Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral)

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.335 dated 29.08.2020 registered under

Sections 20 and 61 of Narcotic Drugs and Psychotropic Substance Act,

1985 (hereinafter referred to as "1985 Act") (Section 61 of 1985 Act, has

wrongly been mentioned in the petition) at Police Station Adarsh Nagar,

District Faridabad.

Learned counsel for the petitioner has submitted that petitioner

is in custody since 29.08.2020. He has further submitted that FSL report has

not yet been received by the prosecution agency. Counsel has relied upon

the order dated 25.01.2021 (Annexure P-3) passed by this Court in CRM-

M-2558 of 2021 titled as 'Mohd. Ansar Vs. State of Haryana' whereby co-

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CRM-M-6110 of 2021 {2}

accused has been released on interim bail on account of the fact that FSL

has not been received.

Learned State counsel upon instructions from SI Om Parkash

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) 953 but

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 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.

                                               (SUVIR SEHGAL)
                                                   JUDGE
February 16, 2021
savita

Whether Speaking/Reasoned                            Yes
Whether Reportable                                   Yes/No




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