C482/1555/2023
2023 Latest Caselaw 2052 UK

                    Office Notes, reports,
                   orders or proceedings or
SL.
         Date           directions and                   COURT'S OR JUDGES'S ORDERS
No
                    Registrar's order with
                          Signatures
      03.08.2023                              C482 No. 1555 of 2023
                                              Hon'ble Sharad Kumar Sharma, J.

Ms. Prabha Naithani, Advocate, for the applicants.

Mr. Siddharth Bisht, Brief Holder, for the State.

As a consequence of issuance of the summoning order, when the same was not responded, the non-bailable warrants had been issued against the present applicants in Special Sessions Trial No. 807 of 2022, State Vs. Anil Kumar Shrivastava and others, being the proceedings which are being held under Sections 420, 504, 506, 354, 511/34 of IPC and Section 3(1)(X) of SC/ST Act.

Since non-bailable warrants have been issued against the present applicants, the learned counsel for the applicants submits that the applicants may be permitted to seek their bail from the Sessions Court itself in relation to the aforesaid offences for which the applicants have been summoned in the aforesaid Special Sessions Trial.

The only remedy which she seeks is that the bail applications of the applicants may be directed to be considered in the light of the judgement as rendered by the Hon'ble Apex Court, in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC 51.

The said request is accepted. The C482 Application is being disposed of subject to the condition that if the applicants surrender in compliance of the non-bailable warrants issued on 27.03.2023, their bail applications would be considered in the light of the guidelines framed by the aforesaid judgment of Satender Kumar Antil (supra).

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 03.08.2023 Mahinder/