Citation : 2023 Latest Caselaw 21445 P&H
Judgement Date : 8 December, 2023
Neutral Citation No:=2023:PHHC:157600
2023:PHHC:157600
CRM-M-60865-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(230)
CRM-M-60865-2023
Date of decision:- 08.12.2023
Alim ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Saurav Bhatia, Advocate
for the petitioner.
Mr. Ramender Singh Chauhan, AAG, Haryana
for State-respondent.
****
SUVIR SEHGAL, J. (ORAL)
1. Instant petition has been filed under Section 439, Cr.P.C. seeking
grant of post-arrest bail in:-
FIR Dated Police Station Sections No. 154 09.09.2023 Utawar, District Palwal 22-C of the NDPS Act
2. Counsel for the petitioner has submitted that petitioner is in
custody since 09.09.2023 and FSL report has not yet been received by the
prosecution agency.
3. Upon instructions, State counsel submits that challan has been
presented, but it is not accompanied by the report from the FSL. He has
further instructions to state that the petitioner is not involved in any other
criminal case. Thereupon, counsel for the petitioner has restricted his prayer
made in the petition to interim bail till receipt of FSL Report.
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Neutral Citation No:=2023:PHHC:157600
2023:PHHC:157600
4. Noticing the non-receipt of FSL report and the observations of
this Court in Para 54 of the judgment passed by a Division Bench of this
Court in Inderjeet Singh @ Laddi and others Versus State of Punjab:
2014 (3) R.C.R. (Criminal) 953, but without commenting on merits of the
case, this Court is of the considered view that the petitioner deserves the
concession of interim regular bail till receipt of FSL report.
5. Therefore, instant petition is disposed of and the petitioner is
ordered to be released on interim bail till receipt of FSL report on
furnishing adequate bail/surety bonds to the satisfaction of the Area
Magistrate/Duty Magistrate/Trial Court concerned. On receipt of FSL
report, the petitioner shall surrender and apply for regular bail before the
trial Court, which shall be decided in accordance with law keeping in view
the FSL report.
(SUVIR SEHGAL)
JUDGE
08.12.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:157600
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