C482/756/2023
2023 Latest Caselaw 2367 UK

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                                 C482 No.756 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Harshpal Sekhon, learned counsel for the applicants.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Though the matter is listed for mediation but respondent no.2 is reported to not have yet been served with the notice. But to cut short the story, learned counsel for the applicants submits that since the offences, for which they have been summoned in Criminal Case No.1050 of 2022, "State Vs. Rudal Kumar & Others" being the proceedings under Section 323, 498-A, 504 & 506 of the IPC and Section 3/4 of the Dowry Prohibition Act, all these offences carry a sentence of less than seven years, he submits that the matter may be relegated back to the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar, to make all efforts to decide the aforesaid proceedings, in the light of the principles, laid down by the Hon'ble Apex Court in the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC 51.

If the applicants surrender within a period of two weeks from today, their bail application will be considered, in the light of the guidelines framed for 'A' category of offences, as prescribed in paragraph no.3(e) of the said judgment.

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

(Sharad Kumar Sharma, J.) 21.08.2023 Sukhbant