Sanjay Saini & Another vs State Of Uttarakhand & Others
2014 Latest Caselaw 3823 Del

WPCRL No. 980 of 2014
Hon'ble U.C.Dhyani, J.

Mr. Amit Kapri, Advocate, present for the writ petitioners.

Mr. A.S.Gill, learned Deputy Advocate General, present for the State/respondent nos. 1 & 2.

Learned counsel for the petitioners confined his prayer only to the extent that bail application of the petitioners be directed to be decided at an early date, subject to their surrender.

A first information report was lodged against the petitioners for the offences punishable under Sections 376 (C)/509, 452, 323, 506, 504, 354-B(2), 120- B IPC.

After hearing learned counsel for the parties and having gone through the grounds taken up in the writ petition, it is provided that the petitioners shall surrender before learned Magistrate, within a week, whereafter, they will be dealt with by the Magistrate concerned according to Law. No coercive measures shall be taken against the petitioners till then, provided they cooperate with the investigating agency.

It is also provided that if the petitioners surrender before the Magistrate concerned and seek bail, their bail application(s) shall be decided at an early date.

Probably, it will not be possible for learned Magistrate to grant bail to the petitioners. In that eventuality, if the petitioners move for bail before the Sessions Judge, it is provided that the bail application of the applicant(s) shall be decided as expeditiously as possible and without unreasonable delay.

Criminal Writ Petition is thus summarily disposed of.

(U.C.Dhyani, J.) 20.08.2014 Kaushal