C482/299/2023
2023 Latest Caselaw 483 UK

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                                          C482 No.299 of 2023
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. R.P. Singh, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

The learned counsel for the applicant presses the C-482 application by way of putting challenge to the summoning order dated 06.07.2021 and the entire proceedings of Criminal Case No.755 of 2021, "State Vs. Vipin Kumar Gupta", which is emanating from FIR No.481 of 2020, whereby as a result of the issuance of the summoning order dated 06.07.2021, he has been summoned to face trial for the offences under Sections 323, 504, 506 of IPC by the Court of Upper Civil Judge(S.D.)/ACJM, Roorkee, District Haridwar.

The nature of offences against which the trial has been preceded, against the present applicant, though all carry a sentence of less than seven years and, thus, in view of the judgment of the Hon'ble Apex Court as rendered in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, as reported in 2022 (10) SCC 51, the remedy available to the applicant is to surrender before the trial Court concerned and he is to seek the remedy in relation to the 'A' Category of Offences as classified by the Hon'ble Apex Court and their governing parameters in Para-3(e) of the said judgment.

In case the applicant surrenders within a period of two weeks from today his bail application will be considered by the learned trial Court as per the guidelines framed by the Hon'ble Apex Court.

Subject to the above, this C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 23.02.2023 Sukhbant