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2023 Supreme(P&H) 227

VIKAS BAHL
Sapanpreet Singh – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Anil Sharma, Advocate
For the Respondent: Mr.Ankur Bali

JUDGMENT :

VIKAS BAHL, J.

1. This is the second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.82 dated 30.04.2022 registered under Sections 279, 337 IPC (Section 304(1) IPC added later on and charges framed under Section 304 IPC) at Police Station Sector 17, Chandigarh.

2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 01.05.2022 and the investigation is complete and the challan has already been presented and out of 24 witnesses, only 4 witnesses have been examined and thus, the trial is likely to take time. It is further submitted that the present case was registered on the statement of Mani Khosla complainant, who was an eye witness and the said complainant has been examined and he has not supported the case of the prosecution and has been declared hostile. Learned counsel for the petitioner has further referred to the MLR of the deceased dated 30.04.2022 (Annexure P-3) to highlight the fact that it has been specifically recorded that breath of the deceased smelled of alcohol at the time of examination. Further reference has been made to the post-mortem report dated 02.05.2022 (Annexure P-4) i

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