C482/374/2023
2023 Latest Caselaw 541 UK

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                                  C482 No.374 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

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

Mr. Sachin Panwar and Mrs. Lata Negi, Brief Holders, for the State of Uttarakhand.

The present applicants have been summoned in Criminal Case No. 6457 of 2020, State Vs. Rajveer Singh and others, which is pending consideration before the Court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, wherein, the applicants have been summoned by the order dated 17th September, 2020, for being tried for the offences under Sections 147, 148, 341 and 504 of the IPC and Section 7 of the Criminal Law Amendment Act.

The learned counsel for the applicants has submitted, that non bailable warrants had been issued against the applicants on 14.12.2022.

It is admitted that since the nature of offence, for which, the present applicants have been summoned, all of it carries a sentence of less than seven years, hence they will be falling for consideration within the parameters as laid down by the Hon'ble Apex Court in a judgement as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another, and particularly, the nature of offences, which has been complained of against the present applicants will fall to be under 'A' category of offences, as it has been provided in para 3 (e) of the judgment of Satender Kumar Antil (Supra). Hence, the recourse is provided to the applicants in para 3, sub- clause (e) of the said judgment for the applicants to have their recourse before the Trial Court itself.

The applicants apprehend their arrest because of the fact, that NBW has already been issued. Though, this is too late to consider the said request pertaining to the effect of issuance of NBW on the ground, that the same was not served. I do not see any logic as to why the NBW issued way back in December, 2022, could not be served on the applicants till date.

But in the wider interest of justice, the present C482 Application is being disposed of with the liberty left open for the applicants to surrender before the Trial Court within two weeks from today and seek their bail in the light of the judgment of Satender Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) Dated 01.03.2023 Shiv