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2023 Supreme(P&H) 1845

AMAN CHAUDHARY
Major Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Abhinandan Jindal, Mr. H.S. Sullar Sr. DAG, Punjab

Judgment

Mr. Aman Chaudhary, J.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No.244 dated 06.10.2022, registered under Section 304 of IPC and Section 22 of NDPS Act, at Police Station Nabha, District Patiala.

2. Learned counsel contends that the petitioner is in custody for the last about 9 months. No recovery has been effected from him. He has been named on the supplementary statement made by the complainant. Challan was presented on 04.01.2023, however, the charges have not been framed. In all there are 17 prosecution witnesses. The petitioner is not involved in any other case. He relies on the order passed by Co-ordinate Bench of this Court in Sandeep Kumar @ Gogi vs. State of Haryana in CRM-M-24505-2022 decided on 07.12.2022 , wherein no recovery had been effected from the petitioner, was granted regular bail after being in custody for almost 9 months.

3. The custody certificate dated 12.07.2023 has been filed by learned State counsel. As per the same, the petitioner is behind bars for the last 9 months and 4 days.

4. Learned State counsel opposes the bail on the ground that specific allegations are lev

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