C482/1592/2022
2022 Latest Caselaw 2817 UK

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                                      C-482 No.1592 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Verma, Advocate for the applicant.

Mr. Atul Kumar Shah, Deputy Advocate General for the State of Uttarakhand.

Admittedly, the applicant herein claims himself to be a practicing lawyer of a higher self acclaimed repute, who is now venturing into a litigation, which has been registered against him as Case Crime No.117 of 2003, for being tried under Sections 498-A of I.P.C. to be read with Section 3/4 of The Dowry Prohibition Act.

On an investigation being carried, the charges sheet has been submitted and in relation thereto i.e. the Charge Sheet No.01 dated 23.11.2019, the offence under Sections 498-A, 504 and 506 I.P.C. and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, are shown to have been established against him, on which the cognizance have been taken by the court of Additional Chief Judicial Magistrate, Ramnagar, District Nainital, in Criminal Case No.50 of 2020 State vs. Inaam Hussain, whereby he has been summoned by the impugned order of 23.01.2020.

Looking to the nature of offence and respective sentences, which it carries, they will be falling for consideration well within the zone of parameters which had been laid down in para 3 of the judgment of the Hon'ble Apex Court as rendered in (2021) 10 Supreme Court Cases 773, Satendra Kumar Antil vs. Central Bureau of Investigation and Another and particularly owing to the parameters which had been laid down in para 3 of the said judgment, which categorizes the nature of offences, which carries less than seven years of sentence as 'A' category offence of offences on which, in what manner the proceedings have to be carried, when the charge sheet has been submitted or cognizance have been taken by the court, has been provided under Sub Clause (e) of category 'A' of the offences.

In that eventuality, if the present applicant approaches before the trial Court, who has issued a cognizance order, within a period of two weeks from the date of receipt of the certified copy of this order, the court concerned would consider the application for bail, of the present applicant for his release in terms of the specific parameters provided under clause 'e' of 'A' category offences, as referred to in Antil's judgment (Supra).

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

(Sharad Kumar Sharma, J.) 07.09.2022 Arti