C482/1960/2023
2023 Latest Caselaw 2951 UK

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                                     C482 No.1960 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Jasmeet Sahota, Advocate, holding brief of Mr. Harshpal Sekhon, Advocate, for the applicant.

Mr. S.C. Dhumka, AGA, for the State of Uttarakhand.

The applicants in the instant C482 application, has made an oral prayer through their counsel, that this C482 application may be disposed of in the light of the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51.

The said relief is not opposed by the Government Advocate.

The controversy emanates from the summoning order dated 11.07.2023, as it was passed in Special Sessions Trial No.597 of 2023, "State Vs. Anshu and others", where the present applicants have been summoned to be tried for the offences under sections 323, 504, 506 and 427 of IPC, and under sections 3 (1) (X) of SC and ST Act.

The applicants contend, that since all the offences carry a sentence of less than seven years, the matter may be disposed of in the light of the parameters as prescribed in para 3 (e) of the said judgment, pertaining to dealing with the cases, which fall under "A" category of the offences as provided, therein.

Subject to the aforesaid, the C482 application would stand disposed of with the liberty left open for the applicants to surrender before the learned court of Special Sessions Judge, Udham Singh Nagar, and seek their bail in accordance with the aforesaid principles.

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

(Sharad Kumar Sharma, J.) 04.10.2023 NR