C482/1318/2022
2023 Latest Caselaw 22 UK

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                                     C482 No.1318 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Suresh Chandra Bhatt, Advocate, for the applicants.

Mr. Atul Kumar Shah, D.A.G. with Mrs. Mamta Joshi, B.H., for the State of Uttarakhand.

The present applicants are named accused persons in FIR No.215, dated 21.08.2021, for their alleged involvement in the commission of the offences under sections 323, 427, 452 and 506 of IPC, which was got registered at Police Station Khatima, District Udham Singh Nagar.

After the issue being placed under investigation, the Investigating Officer has submitted a Chargesheet, being Chargesheet No.253 of 2021, dated 03.11.2021, whereby, the additional offence under section 504 of IPC, was added by the Investigating Officer. The court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, has taken cognizance to which resulting into the registration of the Criminal Case No.852 of 2022, "State Vs. Javed and others", whereby the present applicants have been summoned by an order dated 24.06.2022, for being tried for the offences under sections 452, 323, 427 and 506 of IPC.

After arguing for quite length, learned counsel for the applicants pray, that since all the offences carry a sentence of less than seven years, they would be governed by the parameters laid down by the judgment of the Hon'ble Apex Court in the matters of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2021 (10) SCC 773, and he submits that the offences since they carry a sentence of less than seven years, they will be falling under "A" category of offences as classified by the said judgment, where the bail application of the accused persons, upon their surrendering is required to be considered in the light of the parameters as contained in paragraph no.3(e), of the said judgment.

Owing to the aforesaid admitted fact, the C482 Application is being disposed of with the liberty left open for the applicants to surrender before the court of Additional Chief Judicial Magistrate, Khatima, Udham Singh Nagar, within ten days' from today, and seek their bail application. If they file their application in compliance of the today's order, the same would be considered by the aforesaid court in the light of the paragraph no.3 (e) of the aforesaid judgment.

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

(Sharad Kumar Sharma, J.) 03.01.2023 NR/