C482/1517/2022
2022 Latest Caselaw 2746 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      30.08.2022
                                            C-482 No. 1517 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. S.S. Yadav, Advocate, for the applicant.

Mr. Atul Kumar Sah, Deputy Advocate General, with Mrs. Mamta Joshi, Brief Holder, for the State.

In the present C-482 Application, the applicant is praying for quashing of the proceedings of Case Crime No. 120 of 2019 E.C.F. No. 2235 of 2020, State of Uttarakhand Vs. Harveer Singh, wherein the applicant is being tried for the offences under Section 420 of IPC, which was registered against him at Police Station Shyampur, district Haridwar.

The proceedings of the aforesaid Criminal Case are presently pending consideration before the Court of Additional Civil Judge Second (Senior Division)/Additional Chief Judicial Magistrate, Haridwar.

As far as the case of the applicant is concerned, that will fall for consideration under the guidelines, in view of the principles, which has been laid down by the recent judgment of the Hon'ble Apex Court, as rendered on 07.10.2021 in Satender Kumar Antil Vs. CBI, laying down the wider parameters of considering the bail application for the offences, which carries a sentence of less than 7 years and falls to be under category 'A' offences, as classified in the aforesaid judgment of the Hon'ble Apex Court.

In that eventuality, the present C- 482 Application is being disposed of with liberty left open for the applicant, to surrender himself before the Court below and seek his recourses, as per the parameters, which had been laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil (supra).

If the applicant does so within a period of two weeks' from the date of receipt of the certified copy of this order, the same would be considered by the Court, who is ceased with the proceedings, within a period of three weeks thereafter.

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

(Sharad Kumar Sharma, J.) 30.08.2022 Mahinder/