C482/2077/2023
2023 Latest Caselaw 3191 UK

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                                      C482 No.2077 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Amit Kapri, Advocate, for the applicant.

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

The present applicant has been summoned by the order dated 19.06.2023, in Criminal Case No.941 of 2023, "State Vs. Mukesh Chandra Pathak and another", for being tried for the offence under section 406 of IPC.

Learned counsel for the applicant has asserted upon certain factual aspects in order to cull out as to whether the offence under section 406 of IPC, is at all made out.

This Court is of the view that while exercising my powers under section 482 of CrPC, the High Court is not supposed to scrutinize the evidence in order to establish or to denounce the charge of the commission of the offence as imposed by the learned trial court.

Since the offence in itself carries a sentence of less than seven years, its judicial scrutinization would be the prerogative open to the Court before whom the Criminal Case No.941 of 2023, "State Vs. Mukesh Chandra Pathak and another", is pending consideration.

In that eventuality, while dismissing this C482 application, it will be left open for the applicant to surrender before the court of CJM, Pithoragarh in Criminal Case No.941 of 2023, "State Vs. Mukesh Chandra Pathak and another", and seek his bail in accordance with the guidelines framed by the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51, and the learned trial court would consider the bail application as per the guidelines framed in paragraph 3 (e) of the said judgment in relation to the "A" category of the offences.

(Sharad Kumar Sharma, J.) 18.10.2023

NR