C482/1957/2023
2023 Latest Caselaw 2928 UK

                Office Notes,
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                                  C482 No. 1957 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Vikas Kumar Guglani, Advocate, for the applicants.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

The applicants have put a challenge to the Chargesheet No. 38 of 2021 dated 18th February, 2021, as well as the summoning order dated 20th March, 2023, as it has been issued by the Court of A.C.J.M., Rudraupur, District Udham Singh Nagar, in Criminal Case No. 2196 of 2021, State Vs. Vidhya Sharan Bodh and others, whereby, the applicants have been summoned to be tried for the offences under Sections 420, 504 and 506 of the IPC.

The applicants in para 20 of the C-482 Application had pleaded as under :-

"20. That the applicants co-operated with the investigating officer during the period of investigation and all the offences mentioned in the FIR are punishable with less than seven years therefore the applicant is also liable to get the benefit of judgment of Hon'ble Apex Court (Satender Kumar Antil Vs. CBI)."

In view of the aforesaid stand taken by the applicants, this C-482 Application is being disposed of in the light of the judgment of Hon'ble Apex Court as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

If the applicants surrender before the learned Trial Court within a period of two weeks' from today, their bail application would be considered in the light of parameters prescribed in para 3 (e) of the said judgment, which governs the offences, which carry a sentence of less than seven years.

(Sharad Kumar Sharma, J.) Dated 03.10.2023 Shiv