C482/1521/2023
2023 Latest Caselaw 1972 UK

                Office Notes,
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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  C482 No. 1521 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Mehboob Rahi, Advocate, for the applicants.

Mr. Pankaj Joshi, Brief Holder, for the State of Uttarakhand.

A proceeding of Criminal Case No. 498 of 2021, which was later on re-numbered as Criminal Case No. 2008 of 2022, State Vs. Govind Gopal Kaushik and others, stood instituted before the Court of A.C.J.M., Roorkee, District Haridwar, whereby, the applicants have been summoned to be tried for the offences under Sections 120-B, 420, 427, 447, 504 and 506 of the IPC.

There are various rival contentions, which have been raised by the learned counsel for the applicants, that looking to the contents of the FIR, the offences as complained of under Sections 420 and 427 of the IPC are not made out.

Though this Court is having a contrary view and presently this Court is deliberately not elaborating on the same, as it may have an adverse bearing on the trial, but prima facie, for coming to a conclusion as to whether, there happens to be an element of offence under Sections 420 and 427 of the IPC, an appreciation of evidence is required to be done, which would be a subject matter to be gone into by the Trial Court before whom the trial is pending consideration, coupled with the fact, that since all the offences carry a sentence of less than seven years, they will be falling within the zone of consideration as per the parameters provided in the judgment of Hon'ble Apex Court as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

Hence, the applicants are relegated back to resort to their recourses as provided under para 3 (e) of the said judgment, in relation to "A" category of offences as classified therein by the Hon'ble Apex Court. If the applicants does so within a period of two weeks from today, their bail application would be considered as per the guidelines framed by the Hon'ble Apex Court.

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

(Sharad Kumar Sharma, J.) Dated 31.07.2023 Shiv