RAHIMA Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) The present bail applications have been proposed to be taken together and disposed of vide this common order as the question involved herein is similar that whether the charge sheet filed without the FSL report is an 'incomplete charge sheet' and by virtue of this the petitioners accrued a statutory right to be released on default bail.

(2.) Learned counsels for the petitioners have argued vehemently that in view of the latest judgment of the Hon'ble Supreme Court in Mohd. Arbaz vs. State of NCT of Delhi, SLP (Crl.)8164-8166/2021 dtd. 9/11/2022, Suleman vs. The State (Govt. of NCT of Delhi) in Special Leave to Appeal (Crl.) No.1929/2023, order dtd. 17/4/2023, Divyas Bardewa vs. Narcotics Control Bureau in Special Leave to Appeal (Crl.) No.11628/2022 order dtd. 1/5/2023 and Arif Khan vs. State in Special Leave to Appeal (Crl.) No.8610/2023 order dtd. 28/7/2023, the Hon'ble Apex Court has extended the benefit of bail to the accused persons and have kept the question relating to the completeness of the charge sheet in accordance with the law if the same is filed without the CFSL report for consideration. Learned counsels for the petitioners have submitted that the Hon'ble Apex Court is of the view that the matter requires detailed consideration. It has further been submitted that the High Court of Punjab and Haryana vide its Judgment dtd. 11/2/2022 in Joginder Singh vs. State of Haryana, Crl.Misc.No.M-48705 of 2021, judgment dtd. 17/2/2022 in Ajaib Singh vs. State of Haryana, CRR-40-2022 (O&M), and in judgment dtd. 1/6/2022 in Rohtas @ Raju vs. State of Haryana, CRR-933 of 2022 (O&M) have also inter alia held as under:

(3.) Learned counsels for the petitioners have also submitted that this court has also followed the same view in Crl. Rev. P.135/2023 titled Gurjeet Singh vs. State of NCT of Delhi and in Crl. Rev. P.471/2023 titled Amanpreet Kaur @ Preeti (in JC) vs. State in order dtd. 28/4/2023. It is pertinent to mention that in Amanpreet Kaur @ Preeti (supra) only the interim bail was granted.