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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

Table of Content
1. petition filed for bail under ipc and ndps act. (Para 1)
2. arguments for granting bail based on custody time and lack of recovery. (Para 2 , 4)
3. court's observations on duration of custody and case status. (Para 3 , 6)
4. court grants bail under specific conditions. (Para 5 , 7)
5. clarification to limit observations to current proceedings. (Para 8 , 9)

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

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