Unknown vs Avrar
2022 Latest Caselaw 3886 UK

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                                      C482 No.2172 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Raj Kumar Singh, Advocate for the applicant.

Mr. Pratiroop Pandey, AGA for the State of Uttarakhand.

The present C-482 application is emanating from the cognizance order dated 12.07.2022 as it has been passed by the court of Chief Judicial Magistrate, District Udham Singh Nagar, in Criminal Case No.6732 of 2022 State vs. Avrar, whereby the applicant has been summoned for being tried for the offence under Sections 420 and 406 of IPC, which on its birth from the FIR No.585 dated 03.11.2019 has registered by respondent no.2.

The counsel for the applicant before venturing to address the Court on priority of C482 application on its merits, the learned counsel for the applicant has confined his prayer that the nature of offence for which the trial of Criminal Case No.6732 of 2022 State vs. Avrar, is being tried by the court of Chief Judicial Magistrate, Udham Singh Nagar. Since both the offences entail a sentence of less than seven years, they would fall for consideration within the parameters laid down by the Hon'ble Apex Court in the judgment reported in (2021) 10 SCC 773 Satendra Kumar Antil vs. Central Bureau of Investigation and Another.

In view of the aforesaid admitted case, the C- 482 application is disposed of with the liberty left open for the applicant to surrender before the Chief Judicial Magistrate, Udham Singh Nagar, within a period of ten years from today and if he does so, his bail application would be considered by the trial court, exclusively in accordance with the parameters laid down by the Hon'ble Apex Court in the classification of 'A' category of offence which is to be made as per para 3 sub para 3 of the Hon'ble Apex Court's judgment.

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

(Sharad Kumar Sharma, J.) 05.12.2022 Arti