C482/2162/2022
2022 Latest Caselaw 3862 UK

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                                      C482 No.2162 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Ms. Meenu, Advocate for the applicants. Mr. T.C. Aggarwal, Deputy Advocate General assisted by Mr. Pramod Tiwari, Brief Holder for the State of Uttarakhand.

The present applicants are facing trial of Criminal Case No.1239 of 2020 State vs. Chand Babu & Another; which was emanating from FIR No.387 of 2018, whereby the applicants have been tried for the offence under Section 420 of IPC, as a result thereto they have been summoned by the order of 12.03.2020 as passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, to face the trial of aforesaid criminal case for the offences under Section 420 of IPC.

The counsel for the applicants at the inception of the arguments had submitted that this C482 application may be disposed of in the light of the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation and Another rendered by the Hon'ble Apex Court, as reported in (2021) 10 SCC 773, for the reason that for the offences for which the trial is being conducted since it carries a sentence of less than seven years, they may be permitted to seek their appropriate remedy by surrendering before the Court and seeking their bail in the light of the parameters contained in para 3(e) of the said judgment of the Hon'ble Apex Court.

This request made by the counsel for the applicants is not opposed by the Government Advocate.

Hence, the C-482 application would stand disposed of in terms, of the alleged commission of offence and the parameters provided in para 3(e) of the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation and Another as reported in (2021) 10 SCC 773.

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

(Sharad Kumar Sharma, J.) 01.12.2022 Arti