C482/1328/2023
2023 Latest Caselaw 1782 UK

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                                      C482 No.1328 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Yogesh Upadhyay, Advocate for the applicants.

Mr. Tumul K. Nainwal, Brief Holder for the State.

The applicants to the present C482 application are facing the proceedings of a criminal trial by way of Criminal Case No.1704 of 2019, State vs. Sarfaraj Ahmad & others, for their involvement in commission of the offence under Section 420 of IPC, which stood instituted as a conseuqence of the registration of the FIR No.481 of 2017 dated 14.12.2017.

Since the offence under Section 420 of IPC carries a sentence for less than 7 years, the learned counsel for the applicants has opted out, that instead of venturing to address the Court on merits to the C482 application, he has sought for that the same may be disposed of in the light of the judgment as rendered by the Hon'ble Apex Court in the case of Satender Kumar Anitl vs Central Bureau of Investigation and Another as reported in (2022) 10 SCC

This C482 application would stand disposed of with a liberty left open for the applicants to surrender before the court of Additional Chief Judicial Magisrate, Haridwar and seek their bail in relation to the offence under Section 420 of IPC to be read with Section 120B of IPC, in accordance with the parameters laid down by the Hon'ble Apex Court in relation to 'A' category of offences and the guidelines framed therein in para 3(e) of the aforeaid judgment of Satender Kumar Antil (supra).

For a period of three weeks, the NBW which has been issued against the present applicants would not be given effect to subject to the condition that they surrender before the expiry of the said period.

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

(Sharad Kumar Sharma, J.) 05.07.2023 Ravi