C482/36/2023
2023 Latest Caselaw 119 UK

                   Office Notes,
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                                     C482 No.36 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Karan Anand, Advocate, for the applicant.

Mr. Tumul Nainwal, Standing Counsel with Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

In the 482 Application, the challenge which has been given by the present applicant is to the Criminal Case No.1559 of 2022, "State Vs. Salman", wherein, he has been summoned to be tried for the offences under section 420 of IPC, and section 66D of the Information Technology Act.

While giving a challenge to the aforesaid proceedings, there is simultaneous challenge given to the Chargesheet No.84 of 2022, dated 13.10.2022, as well as, the summoning order dated 17.11.2022, as submitted by the Chief Judicial Magistrate, Almora, in the aforesaid criminal case.

The applicant in paragraph no.12, of the C482 Application, has submitted, that all the offences since they carry a sentence of less than seven years, they will be falling for consideration within the zone of the parameters laid down by the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2021 (10) SCC 773.

In view of the apparent position of law, and as per the parameters of the Hon'ble Apex Court, the C482 Application is being disposed of with the liberty left open for the applicant to surrender before the court of Chief Judicial Magistrate, Almora, within a period of two weeks from today, who would consider the applicant's bail application in accordance with the parameters laid down in paragraph no.3 (e) of the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2021 (10) SCC 773.

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

(Sharad Kumar Sharma, J.) 09.01.2023 NR/