C482/943/2022
2023 Latest Caselaw 23 UK

               Office Notes, reports,
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                                          C-482 No. 943 of 2022


                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate for the applicants.

Mr. T.C. Agarwal, A.G.A. for the State.

The grievance of the applicant is as against the summoning order dated 05.10.2021, whereby, he has been summoned to participate in the proceedings of Criminal Case No. 420 of 2021, State Vs. Raju and Others, wherein, he has been summoned to be tried for the offences under Sections 323, 354, 452, 506 of IPC, which has been registered against him at Thana Bahadrabad, District Haridwar.

The counsel for the applicant without venturing to address the Court on 482 application on its own merits submits, that since all the offences carry a sentence of less than seven years, they would be governed by the parameters of the judgment of the Hon'ble Apex Court as rendered in Satendra Kumar Antil Vs. Central Bureau of Investigation, as reported in (2021) 10 SCC 773.

Since, all the offences will fall into "A" category of offences, as it has been classified in the aforesaid judgment, his bail application upon his surrender is required to be considered in the light of paragraph 3(e) of the said judgment.

The said prayer is not opposed by the Government Advocate, hence, the 482 application is being disposed with a liberty left open to the applicants to surrender themselves before the court of Judicial Magistrate I, District Haridwar, within a period of ten days from today and if they do so, their bail application would be considered in accordance with the parameters laid down in paragraph 3 (e) of the judgment of Satendra Kumar Antil (supra).

Subject to the aforesaid, the 482 application stands disposed of.

All pending applications too would be deemed to be disposed of in view of above.

(Sharad Kumar Sharma, J.) 03.01.2023 Ujjwal