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2022 Supreme(P&H) 871

HARSIMRAN SINGH SETHI
Sonu Rao – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Gaurav Vir Singh Behl, Advocate, for Mr. Akashdeep Singh, Advocate, for the Appellant; Mr. Narender Singh Behgal, Assistant Advocate General, Haryana, for the Respondent.

JUDGMENT

Harsimran Singh Sethi J. (Oral) - Present petition has been filed under Section 439 Cr.P. C for the grant of regular bail to the petitioner in respect of FIR No.7 dated 21.01.2020 registered under Section 17 of the NDPS Act, 1985 (Sections 61 and 85 of the IPC added later on) at Police Station Odhan, District Sirsa, Haryana.

2. Learned counsel for the petitioner argues that in the present case, the petitioner has been involved only on the basis that the petitioner was sitting in a car, wherein other co-accused was also present and one of the co-accused namely Gauri Shankar was carrying contraband which was recovered by the police. Learned counsel for the petitioner submits that merely that the petitioner was sitting in a car, which car did not belong to the petitioner, it cannot be inferred that the recovery done from the co-accused, the same recovery can be attributed to the petitioner as well.

3. Learned counsel for the petitioner further submits that as the petitioner is behind bars since 20.01.2020 and the trial is likely to take some time before it concludes, the petitioner may kindly be extended the benefit of regular bail.

4. Learned counsel for the respondent-State, on

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