C482/450/2023
2023 Latest Caselaw 671 UK

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                                  C482 No.450 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Abhishek Verma, Advocate, for the applicant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The applicant to the present C482 Application has put a challenge to the Chargesheet dated 6th April, 2022 and the summoning order dated 10th October, 2022, which had been issued by the Court of 1st Additional Chief Judicial Magistrate, Dehradun, in Criminal Case No. 6779 of 2022, State Vs. Sahzad Ali.

The learned counsel for the applicant has confined his prayer, that since all the offences, i.e. offence under Sections 323, 504 and 506 of the IPC, they carry a sentence of less than seven years, the C482 Application may be disposed of with the direction to the Court of 1st Additional Chief Judicial Magistrate, Dehradun, to consider the bail application of the applicant in the light of the guidelines framed by the Hon'ble Apex Court in the judgment as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another. As according to the applicant, the guidelines given in 'A' category of offence framed therein are to be regulated by para 3

(e) would be applicable in the instant case.

Subject to the aforesaid, the C482 Application is disposed of with the liberty left open for the applicant to surrender within two weeks and resort to his appropriate remedy as per the guidelines framed by the judgment of Satender Kumar Antil (Supra).

(Sharad Kumar Sharma, J.) Dated 17.03.2023 Shiv