C482/1452/2022
2022 Latest Caselaw 2648 UK

                     Office Notes, reports,
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          Date                                                 COURT'S OR JUDGES'S ORDERS
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                     order with Signatures


      25.08.2022                                C-482 No. 1452 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. R.P. Nautiyal, learned Senior Advocate assisted by Ms. Garima Thapa, Advocate for the applicants.

Mr. Siddhartha Bisht, Brief Holder for the State of Uttarakhand.

The applicants to the present C-482 application has questioned the charge-sheet dated 31.10.2021 and summoning order dated 06.05.2022, as it has been issued by the Court of learned Additional Chief Judicial Magistrate, Lakshar, District Haridwar, as well as, he has also put a challenge of the entire proceedings of Criminal Case No. 209 of 2022 "State Vs. Manoranjan and others", in which the present applicants, as a consequence of issuance of the summoning order dated 06.05.2022, which is under challenged has been summoned to participate in the proceedings of trial, for the trying of offences under Section 406, 420 & 120B and 506 of I.P.C..

Looking to the nature of the offences, for which the present applicants have been summoned before the Chief Judicial Magistrate, in the aforesaid Criminal Case No. 209 of 2022. The parties are not in dispute, that the principles governing the area of considering the bail application, over an offences on which the cognizance have already been taken would stand covered by the judgment of the Hon'ble Supreme 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, and the nature of categories of the present offences of the present applicant, will fall to be in the category (A) offences as classified by the Hon'ble Supreme Court, which should be govern by the procedure provided under category (A) sub clause (e), which is required to be strictly adhered to by the trial court after filing of the charge-sheet and when the cognizance is taken by the Court.

In that eventuality, this C-482 application too would stands disposed of with the liberty left open to the present applicants, to surrender before the Court below within a period of two weeks from today and if they do so within the aforesaid period or prior to it and files an appropriate bail application, same would be considered by the learned trial court in terms of the parameters laid down in category (A) (e) of offences particularly that as contend under clause (e).

Subject to the aforesaid, the C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 25.08.2022 Mamta