Uttarakhand High Court
C482/2222/2023 on 20 November, 2023
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
C482 No.2222 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Pawan Mishra, learned counsel
for the applicant.
2. Mr. Saurabh Pandey, learned Brief
Holder for the State of Uttarakhand.
3. By the instant petition preferred
under Section 482 of Cr.P.C., the present
applicant is challenging the proceeding of
Criminal case No.822 of 2019 State vs.
Pradeep Saklani and others for the
offences punishable under Sections 406,
420 and 120-B of I.P.C., pending in the
Court of 2nd Additional Chief Judicial
Magistrate, Dehradun.
4. Learned counsel for the applicant
submits that initially in the FIR, which was
lodged on 28.06.2018, a writ petition
being writ petition no.1311 of 2018, Kripal
Singh versus State of Uttarakhand and
others was preferred, wherein, this Court
granted interim protection to the applicant
subject to this condition that the
investigation will go on, however, no
coercive steps shall be taken against the
applicant, provided he cooperates with the
investigation.
5. Learned counsel for the applicant
further submits that in compliance to this
order passed by this Court in Writ Petition
No. 1311 of 2018, the applicant
cooperated with the investigation,
however, after completion of the
investigation, charge-sheet was filed and
cognizance has been taken by the learned
3rd Additional Chief Judicial Magistrate on
14.02.2019, and the accused persons
were summoned including the present
applicant.
6. Learned counsel for the applicant
also submits that since the charge-sheet
has been filed and the cognizance has
been taken, and all the offences in which
the cognizance has been taken are
punishable with imprisonment of 7 years,
therefore, this case falls in Category "A",
as categorized by the Hon'ble Supreme
Court in the case of Satender Kumar Antil
vs. Central Bureau of Investigation and
another, reported in 2022 1 SCC
(Criminal) 153.
7. Learned counsel for the applicant
submits that during investigation, he was
not arrested, since he cooperated with the
investigation, and now after taking
cognizance and filing of the charge-sheet,
the applicant is ready to surrender before
the court concerned. However, directions
maybe issued to the trial Court to decide
the bail application in the light of
guidelines, as issued by the Hon'ble
Supreme Court in case of Satender Kumar
Antil (supra).
8. In paragraph 9 of the present
petition, the following averments have
been made, which read as under:-
"9. That it is stated here that in all
the offences, in which the charge-
sheet has been submitted against the
applicant and the cognizance has
been taken by the trial Court, the
punishment is up to 7 years,
therefore, the applicant does not
wish to press the present criminal
misc. application on merits before
this Hon'ble Court, in case the trial
court is directed to dispose of the bail
application of the applicant in view of
direction, issued by the Hon'ble Apex
Court in the case of Satender Kumar
Antil Vs. Central Bureau of
Investigation and another, reported
in (2022) 1 SCC (Criminal) 153 as
the case of the applicant falls in
Category "A" of the judgment of the
Hon'ble Apex Court.
9. The State Counsel Mr. Saurabh
Pandey, Brief Holder for the State, has not
disputed that the offences, in which the
cognizance has been taken, are punishable
with imprisonment of 7 years, therefore,
the directions can be issued to the trial
Court to decide the bail application of the
present applicant in the light of the
judgment, as rendered by Hon'ble
Supreme Court in the case of Satender
Kumar Antil (supra).
10. In view of this, the present 482
application is disposed of and if the
applicant surrenders before the trial Court
within 15 days from today, the trial Court
may decide the bail application in the light
of the guidelines, as issued by the Hon'ble
Supreme Court in the case of Satender
Kumar Antil (supra).
(Rakesh Thapliyal, J.)
20.11.2023
R.Bisht
