C482/2210/2022
2023 Latest Caselaw 1872 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 2210 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate, for the applicants.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

Mr. Shakib Husain, Advocate, for the private respondents.

The applicants have filed the present C-482 Application seeking for quashing the summoning order dated 02.11.2022, as it was passed by the Court of Addl. Chief Judicial Magistrate, Roorkee, District Haridwar, in Criminal Case No.2025 of 2022, for the offence under Sections 147, 148, 308, 323, 504 and 506 of the IPC.

When the matter was taken up today, the learned counsel for the applicants submitted at the very outset, that out of the total ten accused persons, some of the accused persons have already been released on bail, for example, Ikram, Gurfan, Haseen and Mohseen @ Monish. The bail application of the other accused persons is yet to be considered.

Learned counsel for the parties submits, that the issue stands squarely covered by the judgment of the Hon'ble Apex Court as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

Hence, this C-482 Application is disposed of with the liberty left open for the applicants, who are not on bail, to seek their bail in the light of the guidelines as framed by the Hon'ble Apex Court in the judgment of Satender Kumar Antil (Supra), as per the parameters prescribed in para 3 (e) of the said judgment. The C-482 Application would stand closed, qua these co-accused persons, who are already on bail.

Subject to the aforesaid, the C-482 Application stands disposed of.

(Sharad Kumar Sharma, J.) Dated 20.07.2023 Shiv