The High Court allowed the time limit for filing a bail application in a Section 482 Cr.P.C. petition by relying on the principle laid down in Satender Kumar Antil, directing the trial court to decide within ten days.
Liberty granted to apply for bail within 15 days with a directive to the trial court to decide within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 28122 of 2021
Applicant :- Arjun And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Prakash Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the charge sheet dated 08.05.2020 drawn against the applicants in Case Crime No.0143 of 2020, Under Section - 136/137 Electricity Act, 2003, Police Station - Nagal, District - Saharanpur, pending in the court of Addl. District Judge, Court No.4, Saharanpur.
After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.
As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 8.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.12 09:52:15 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
1 provisions across 1 enactments
Arjun And Another
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
