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Punjab-Haryana High Court

Ranjeet Singh vs State Of Haryana on 5 October, 2020

Author: Suvir Sehgal

Bench: Suvir Sehgal

      IN THE HIGH COURT OF PUNJAB & HARYANA
                   AT CHANDIGARH

219

                                               CRM-M No.29805 of 2020
                                               Date of decision:05.10.2020

Ranjeet Singh                                                    ... Petitioner

Vs.

State of Haryana                                                 .. Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-    Mr. Aman Deep Singh Rai, Advocate for the petitioner.

             Mr. Rajiv Sidhu, DAG 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.67, dated 24.06.2020 registered under Section 22C of Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Rori, District Sirsa.

Learned counsel for the petitioner has submitted that FSL report has not yet been received by the prosecution agency. Learned State counsel upon instructions from ASI Bhupinder Singh, 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 addition to the present case, counsel for the state has instructions to submit that the petitioner was involved in another case bearing FIR No. 80 dated 10.09.2018 registered under Section 323, 506 IPC at Police Station Rohri, District Sirsa. But he was acquitted vide judgment 1 of 2 ::: Downloaded on - 06-10-2020 00:13:00 ::: CRM-M No.29805 of 2020 -2- order dated 19.07.2019. Insofar as the present case is concerned, counsel for the petitioner has submitted that the petitioner is in custody since 19.05.2020 and no recovery was effected from him.

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 05.10.2020 monika* Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No 2 of 2 ::: Downloaded on - 06-10-2020 00:13:01 :::