RANJEET @ ANGREJI @ BITTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Court has been convened through video conferencing due to Covid-19 pandemic.

(2.) The instant revision petition has been filed by the petitioner challenging the order dated 10.02.2020 passed by the learned Additional Sessions Judge, Fatehabad.

(3.) Facts in brief are that FIR No.579 dated 07.11.2019 was registered at Police Station City Fatehabad under Sections 21(b)/61/85 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act") on the allegation that the accused-petitioner was caught with some contraband. The petitioner was arrested and is in custody since then. The final report under Section 173 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), was presented before the Special Court on 06.01.2020, however, the same was not accompanied by the FSL report. Since incomplete challan had been filed by the police and the requisite period for filing the same expired, the petitioner filed an application on 07.02.2020 seeking bail under Section 36-A of the NDPS Act read with Section 167(2) of the Code. Upon notice, State filed reply. On 10.02.2020, at 10.00 a.m, the FSL report was filed in the Court, as per which, contraband recovered from the petitioner was proved to be heroin weighing 10 grams. After considering the application, the Sessions Judge, vide order dated 10.02.2020 allowed the application and granted bail to the petitioner on his furnishing bail bonds in the sum of Rs.50,000/- with two sureties each to the satisfaction of the Court. The Court simultaneously observed that the requisite bail bond and surety have not been furnished. During the later part of the day, the petitioner filed an application for acceptance and attestation of bail and surety bonds, which was rejected by the Court by passing the following order:-