C482/2296/2022
2023 Latest Caselaw 30 UK

                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      03.01.2023
                                                C482 No. 2296 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Bilal Ahmed, Advocate, for the applicant.

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

The present applicant is facing the trial of Criminal Case No. 311 of 2018, State Vs. Haji Shami and others, pending consideration before the Court of Additional Chief Judicial Magistrate, Laksar, district Haridwar.

However, in the present C482 Application, the challenge as given by the applicant is to the Chargesheet, being Chargesheet No. 133 of 2017 dated 22.06.2017 and the consequential summoning order dated 31.03.2018.

Since the applicant has been summoned to be tried for the offences under Sections 323, 308, 504 & 506 of IPC, all the offences since they carry a sentence of less than 7 years, they would be falling within the ambit of the parameters laid down by the Hon'ble Apex Court in the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in 2021 (10) SCC 773.

The learned counsel for the applicant submits that since the offence for which the applicant has been summoned, they all would be falling under 'A' category of offences, as classified by the aforesaid judgment of Satender Kumar Antil (supra), his bail application is required to be considered in the light of guidelines framed under para 3 sub para (e) of the said judgment.

Owing to the aforesaid contentions which is not refuted by the learned Government Advocate, the present C482 Application is being disposed of with liberty left open for the applicant to surrender before the Court of Additional Chief Judicial Magistrate, Laksar, district Haridwar, within a period of 10 days from today and if the applicant does so, his bail application would be considered by the learned ACJM, Laksar, district Haridwar in accordance with the guidelines framed by the Hon'ble Apex Court in the aforesaid judgment of Satender Kumar Antil (supra).

Subject to the aforesaid observations, the C482 Application would stand disposed of.

Sharad Kumar Sharma, J.) 03.01.2023 Mahinder/