C482/1446/2022
2022 Latest Caselaw 2592 UK

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                                          C-482 No. 1446 of 2022
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate for the applicant.

Mr. Atul Sah, Dy. A.G. along with Ms. Mamta Joshi, Brief Holder for the State.

The present C-482 application has been preferred by the applicants praying for quashing the charge-sheet dated 15.08.2021, as well as the summoning order dated 16.03.2022, along with the proceedings of Criminal Case No. 3426 of 2022,

of 2021, for trying the present applicant for the offences under Section 323, 494, 498-A, 504 I.P.C. registered at Police Station SIDCUL, District Haridwar.

After submission of the charge-sheet, on the culmination of the investigation in relation to the set of allegation which has been levelled against the applicant, the cognizance have been taken by the Court by an order dated 16.03.2022.

The nature of offence which has been complained of carries a sentence of less than seven years. In that eventuality, in the light of the recent judgment of the Hon'ble Apex Court as rendered in SLP No. 5191 of 2021 "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as decided on 07.10.2021, looking to the gravity of the offences, which has been sought to be scrutinized under the garb of putting a challenge to charge- sheet and the summoning order, the Hon'ble Apex Court has carved out an exception that looking to the seriousness of the category of charges provided therein and the severity of the punishment, it would be apt that the applicant should surrender and file a bail application, before the Court below, seeking his release on bail in the light of the aforesaid judgment of the Hon'ble Apex Court. If he does so within a period of three weeks from the date of receipt of the certified copy of this order, the same would be considered by the learned trial court in the light of the parameter laid down by judgment of the Hon'ble Supreme Court referred to hereinabove, within one month thereafter.

Accordingly, the C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 23.08.2022 Mamta