Vinay Kumar Alias Vinay vs State Of Punjab
2022 Latest Caselaw 15055 P&H

CRM-M No.50230 of 2022 (O&M)                                              1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                          CRM-M No.50230 of 2022 (O&M)
                                                  Decided on: 23.11.2022

Vinay Kumar @ Vinay
                                                              ....Petitioner
                                   Versus
State of Punjab
                                                            ....Respondent

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present :     Mr. Amit Arora, Advocate
              for the petitioner.

              Mr. Shubham Kaushik, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner prays for grant of regular bail under Section

439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR

No.0112 dated 30.07.2022, for offence punishable under Sections

22(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985

(in short 'the NDPS Act') registered at Police Station Jhabal, District

Tarn Taran.

Counsel for the petitioner has submitted that the petitioner

is in judicial custody since 30.07.2022 and his bail application was

dismissed by the Additional Sessions Judge, Tarn Taran vide order

dated 09.09.2022.

Counsel for the petitioner has relied upon Inderjeet Singh

@ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal)

953, to contend that till the report of the FSL is received, the petitioner

be released on interim bail. Counsel for the petitioner has further

submitted that the petitioner is not involved in any other case and till

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date, the report of the FSL/Chemical Examiner has not been received.

Counsel for the State, on instructions from ASI Kewal

Singh, has not disputed the factual position but opposed the prayer for

bail.

In view of the judgment of this Court in Inderjeet Singh @

Laddi's case (supra), wherein it has been held that awaiting the report

of Chemical Examiner/FSL, the sentence of the petitioner can be

suspended till receiving of such report.

Accordingly, this petition is allowed and the petitioner is

directed to be released on interim bail subject to his furnishing

bail/surety bonds to the satisfaction of the trial Court/Illaqa

Magistrate/Duty Magistrate, till receiving of the FSL report.

The petitioner shall submit an undertaking before the trial

Court/Illaqa Magistrate/Duty Magistrate along with his bail/surety

bonds that he will surrender before the trial Court on receiving 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.

                                         (ARVIND SINGH SANGWAN)
                                                  JUDGE
23.11.2022
yakub


             Whether speaking/reasoned               Yes/No
             Whether reportable:                     Yes/No




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