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2018 DIGILAW 1920 (PNJ)

Gaurav Singh @ Gora v. State of Haryana

2018-04-26

MAHABIR SINGH SINDHU

body2018
JUDGMENT : MAHABIR SINGH SINDHU, J. 1. Present petition has been filed under Section 439 of the Criminal Procedure Code ('Cr.P.C.' - for short) for grant of regular bail to the petitioner in FIR No.470 dated 20.11.2017 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' – for short) registered at Police Station City Kurukshetra University, Kurukshetra. 2. Learned counsel for the petitioner confines his prayer for granting interim bail to the petitioner for the reason that the report from Chemical Examiner has not been received so far. 3. The above factual aspect of the matter regarding report has not been disputed by learned State counsel on instructions from ASI Balbir Singh. 4. Learned counsel for the petitioner has cited the Division Bench judgment of this Court i.e. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014(3) RCR (Criminal) 953 in support of his contention that in such an eventuality interim bail is to be granted to the accused. 5. Under the above circumstances and keeping in view the ratio of the above judgment the petition is disposed of with a direction that the petitioner be released on interim bail, subject to the satisfaction of learned trial Court / Duty Magistrate, Kurukshetra. It is clarified that the interim bail will come to an end automatically, the moment report from Chemical Examiner is received in the trial Court and he would be liable to surrender in the Court forthwith. 6. Petition is disposed of in the above terms.