Pooran Chand vs State Of Uttarakhand & Others
2014 Latest Caselaw 4001 Del

WPCRL no. 986 of 2014


U.C. Dhyani, J.

Ms. Anjali Noliyal, Advocate for the writ petitioner.

Mr. M.A. Khan, Dy. Advocate General with Mr. V.S. Mahra, Brief Holder for respondent State.

Learned counsel for the petitioner confined her prayer only to the extent that some time may be granted to the petitioner to enable him to surrender before learned Magistrate and, in the meantime, some interim protection may be granted. She also prayed that the court below be directed to decide the bail application of the petitioner at an earliest possible date.

An FIR was lodged against the petitioner and others for the offences punishable under Sections 147, 148, 452, 323, 307, 504, 506 IPC. It is the submission of learned counsel for the petitioner that it was Lakhi, who allegedly fired upon the injured Vishal. Accused Bulla was allegedly carrying sword and others were armed with lathies. No specific role is assigned to the present petitioner Pooran.

Criminal writ petition is disposed of by directing that the petitioner shall surrender before learned Addl. Chief Judicial Magistrate / Judicial Magistrate, Roorkee within a week from today. No coercive measures shall be adopted against the petitioner subject to his cooperation with the investigating agency for a week. If the petitioner surrenders before learned Magistrate within a week, and seeks bail, his bail application shall be decided by learned ACJM / JM, Roorkee at an early date. Probably it may not be possible for learned Magistrate to grant bail, in as much as the offence punishable under Section 307 IPC is exclusively triable by the court of Sessions, therefore, in that event, if the petitioner moves a bail application before the Sessions Judge, his bail application shall be decided as expeditiously as possible and without unreasonable delay.

(U.C. Dhyani, J.) 28.08.2014 HN