Bachan Singh v. State Of Haryana
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It is submitted by learned counsel for the petitioner that the petitioner is in custody from 24.09.2020, which is about two years and eight months.
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the petitioner has clean antecedents
and is not involved in any other case and it was because of the political enmity in the village that the present case has been planted upon the petitioner. *
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he has no criminal antecedents, therefore the petitioner may be considered for the grant of regular bail 3.
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# has submitted that so far as the custody period of the petitioner is concerned, it is correct that the petitioner is in custody for two years and eight months and the charges were framed 11 months ago on 18.05.2022 but till date no prosecution witness has been examined. He also submitted, on instructions, that the petitioner has clean antecedents and is not involved in any other case. He has however opposed the grant of bail to the petitioner on the ground that since the quantity recovered in the present case is a commercial quantity under the -"
is hit by the bar contained under Section 37
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I have heard learned counsel for the parties.
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The petitioner has already faced incarceration for about two years and eight months. As per learned counsel for the parties, petitioner has clean antecedents and is not involved in any other case. In the present case charges were framed on 18.05.2022 but no prosecution witness has been examined till date despite the fact that 11 months have elapsed after the framing of the charges. 8 9 *
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In view of the facts and circumstances as discussed above, this Court is of the view that the petitioner deserves the concession of regular bail. Consequently, the present petition is allowed. %
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