C482/1302/2021
2023 Latest Caselaw 8 UK

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                                  C482 No.1302 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. S.R.S. Gill, Advocate, for the applicant. Mr. Pratiroop Pande, A.G.A., with Mr. Pramod Tewari, Brief Holder, for the State of Uttarakhand.

Mr. Bhuvnesh Joshi, Advocate, for respondent No.2.

The C482 Application has been preferred by the applicant, against the summoning order dated 28th June, 2021, whereby, he in the capacity of being a Manager of the Bank, which had extended the financial assistance, has been summoned under Section 120-B of the IPC only.

It has been argued by the learned counsel for the respondent, that other co-accused persons have already been granted bail by the Trial Court, the trial of which is pending consideration.

Learned counsel for the applicant argues, that no independent cognizance for the offence under Section 120-B of the IPC, could be taken against the present applicant, because Section 120-B of the IPC, cannot be isolatedly attracted against the present applicant. This argument raised by the learned counsel for the applicant is not ventured into by this Court at this stage.

But considering the fact that the other co- accused persons have already been granted bail by the Court, this C482 Application is being disposed of with the liberty left open for the applicant to resort to his remedies as laid down by the parameters of Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773.

In case, if the applicant moves an application for bail before the Court below within a period of two weeks from today, his bail application would be considered in accordance with law, as per the guidelines framed in para 3 (e) of the judgment of Satender Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) Dated 02.01.2023 Shiv