C482/336/2021
2022 Latest Caselaw 3178 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 336 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Pradeep Lohani, Advocate, for the applicant.

Mr. Pramod Tiwari, Brief Holder, for the State of Uttarakhand.

As a consequence of registration of FIR No. 17 dated 29th May, 019, allegedly showing the present applicant to be involved in the commission of the offences under Sections 420, 465 and 467 of the IPC, the investigation was conducted and a chargesheet, being Chargesheet No. 35 of 2019 dated 19th November, 2019, in which, the offence, which was shown to be established was under Section 420 of the IPC only, which has resulted into registration of Criminal Case No. 3264 of 2019, State Vs. Santosh Kumar Joshi. The cognizance of which has been taken by the Court of Addl. Chief Judicial Magistrate, Nainital, for the offence under Section 420 of the IPC, vide its order dated 17th December, 2019.

With the efflux of time, and as per the ratio laid down by the Hon'ble Apex Court in a judgment as reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another, and particularly, in the light of fact that the sentence, which the offence under Section 420 of the IPC carries, it will be falling within a zone of consideration of the guidelines as framed in sub-clause (e) of Para 3 of the judgment and the grievance as raised by the applicant would be very well be redressed in the light of the aforesaid judgment.

In that eventuality, if the applicant appears before the Court below within a period of one week from the date of receipt of certified copy of this order, his bail application would be considered by the Court below in the accordance with the guidelines framed in Satender Kumar Antil (Supra).

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

Owing to the above, in case, if any, NBW is issued for the aforesaid period, providing for the applicant to enable him to appear before the Court below, the same would not be given effect to, till he puts in appearance within the time frame as provided above.

(Sharad Kumar Sharma, J.) Dated 27.09.2022 Shiv