Court disposed an application under Section 482 Cr.P.C. without being requested to quash any order. It directed that future bail applications by applicants be decided in accordance with the ruling in Satender Kumar Antil.
Direction to lower court to decide bail applications in view of Satender Kumar Antil cases.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 20463 of 2022
Applicant :- Narendra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Garun Pal Singh, learned counsel for the applicants and Sri Jhamman Ram learned AGA appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicants prayed to quash the summoning order dated 6.12.2021 passed in complaint case No. 5056 of 2018, under Section 392 IPC passed by Sessions Judge, Mathura as well as the impugned order dated 4.6.2022 passed by Sessions Judge, Mathura in crl. revision No. 69 of 2022.
At the very outset, learned counsel for the applicants submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicants will appear and apply for bail then their bail application shall be decided in view of the observation made by the Apex Court in the cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicants himself do not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgements passed in the cases of Satender Kumar Antil (supras) .
In the aforesaid facts and circumstances of the case, it is directed that if the applicants appear before the court below within three weeks from today and apply for bail then their bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .
Order Date :- 20.9.2022
Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.23 18:03:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail applications of appellants shall be decided in view of observation of Apex Court in Satender Kumar Antil cases.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. CBI & othersReferred¶7
Satender Kumar Antil Vs. CBI & others [2021 (10) SCC 773] · Who else cites this
Satender Kumar Antil Vs. CBI & othersReferred¶7
Satender Kumar Antil Vs. CBI & others [MANU/SC/0851/2022]
1 provisions across 1 enactments
Narendra and 5 Others
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
