C482/463/2023
2023 Latest Caselaw 757 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.463 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Bilal Ahmed, learned counsel for the applicants.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

The present applicants are challenging the proceedings of S.T. No.229 of 2019, "State Vs. Wasim and Others" wherein they have been summoned to be tried for the offences under Sections 147, 148, 149, 452, 323, 324, 325, 308 and 506 of IPC.

In paragraph no.19, the applicants have come up with the case, that they have already filed a compounding application before the Trial Court and the same is pending consideration, and no orders has been passed on the same.

Since one of the offences, which is sought to be compounded i.e. the offence under Section 308 of IPC, it would be absolutely left at the prerogative of the Court to decide compounding application on the basis of the settlement referred to in paragraph no.19 of the C-482 application. Learned counsel for the applicant further in paragraph no.20 has submitted that since all the offences carry a sentence less than seven years, they would be falling for consideration within the ambit of judgment of the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation as reported in 2022 (10) SCC

51. He prays that the C-482 application may be disposed of with the aforesaid direction to the learned trial Court for considering the bail application in accordance with law.

Without expressing of any opinion on the merits of the matter, particularly, to the aspect of the compounding, on the basis of the compromise filed by the applicants, the C-482 application is being disposed of with the liberty left open for the applicants to surrender before the Court within a period of two weeks from today and resort to the recourses available to him under the judgment rendered by the Hon'ble Apex Court in Satendra Kumar (supra).

Subject to the above, C-482 application is disposed of.

(Sharad Kumar Sharma, J.) 22.03.2023 Sukhbant