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C482/700/2023
2023 Latest Caselaw 997 UK

Citation : 2023 Latest Caselaw 997 UK
Judgement Date : 13 April, 2023

Uttarakhand High Court
C482/700/2023 on 13 April, 2023
                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. 700 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Gaurav Singh, Advocate, for the applicant.

Mr. Atul Kumar Sah, Deputy A.G., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The present applicant is facing the proceedings of Complaint Case No. 254 of 2022, Smt. Mamta Vs. Amardev, wherein, he has been summoned by an order dated 8th February, 2023, to be tried for the offences under Sections 323, 354, 504 and 506 of the IPC.

Since all the offences, carry a sentence of less than seven years, they would be falling within the ambit of the parameters as it has been laid down by the Hon'ble Apex Court in the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in (2022) 10 SCC 51, as the offences complained of would be falling under 'A' category of offences as classified therein, and the bail application, upon surrender to be made by the applicant, is required to be governed as per the parameters provided in para 3

(e) of the said judgment.

In view of the aforesaid, the C482 Application is being disposed of enabling the applicant to surrender before the learned Trial Court within two weeks and seek his bail, as per the guidelines framed by the Hon'ble Apex Court in the matter of Satender Kumar Antil (Supra).

(Sharad Kumar Sharma, J.) Dated 13.04.2023 Shiv

 
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