Citation : 2022 Latest Caselaw 8148 ALL
Judgement Date : 26 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 4901 of 2022 Applicant :- Mohd. Shameem And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 2 Others Counsel for Applicant :- Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No. 6562/2019, State Versus Mohd. Shameem and others, pending in the Court of Chief Judicial Magistrate, Gonda, arising out of Case Crime No. 348/2017, under section 3(2) of Prevention of Damage to Public Property Act,1984, relating to Police Station-Dhanepur, district-Gonda including the impugned chargesheet submitted by the Investigating Officer against the petitioners as well as impugned summoning order dated 04-12-2018 and order dated 09-03-2022, issuing bailable warrant against the petitioners passed by learned Chief Judicial Magistrate, Gonda.
2. Learned counsel for the petitioners submits that the petitioners want to surrender and apply for regular bail. Only prayer is that while considering the bail application of the petitioners, trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.
3. Considering the aforesaid submission, present petition is disposed of with liberty to the petitioners to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the petitioners in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).
Order Date :- 26.7.2022
AKS
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