Allowed

S.S.Chauhan v. State of Uttarakhand and Anr.

Uttarakhand HC5 Aug 2013C482/132/2009

Case brief

AI extract

What is this about?

The High Court permitted the withdrawal of the criminal petition with liberty to seek discharge from the trial court. The petitioner was directed to surrender to the trial Magistrate by a specific deadline, after which an application for regular bail must be decided sympathetically on the same day if possible.

What did the court decide?

Permitted withdrawal of petition with liberty to seek discharge; directed surrender to trial court by 23.08.2013; beneficiary to be granted interim bail if bail application is not decided on the same

S.S.Chauhan Vs State of Uttarakhand and Anr. — Bail and Remand | Uttarakhand HC (2013)

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C482 No. 132 of 2009 Hon’ble Alok Singh, J

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Mr. Pawan Mishra, Advocate for the petitioner.

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Mr. S.S. Adhikari, Brief Holder for the State/respondent

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no.1.

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Mr. Pawan Mishra, learned counsel, appearing for the petitioner, in view of the judgment of Hon’ble Apex Court, in the case of K. Neelaveni vs. State, represented by Inspector of Police and others reported in 2010 (11) SCC, 607 , seeks permission to withdraw this petition at this stage with liberty to seek discharge from the trial court at the appropriate stage.

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Mr. Pawan Mishra, learned counsel, appearing for the petitioner, however, submits that petitioner shall appear/surrender before the learned trial Magistrate, Dehradun on or before 23.08.2013 in compliance of summoning order dated 09.01.2009 and shall move an application seeking regular bail, therefore, learned Magistrate may be directed to decide the bail application, sympathetically, if possible, on the same day. Mr. Pawan Mishra, learned counsel for the petitioner, placing reliance on the judgment of this Court in the case of Hari Gupta and another vs. State of Uttarakhand and others, WPCRL No. 758 of 2013, decided on 26.06.2013, argued that petitioner should not be arrested and sent to the Judicial Custody. He further contends that in view of the judgment, passed by the Additional Sessions Judge, Chandigarh (Annexure No.1 of the rejoinder affidavit) prosecutrix was held to be major; therefore, no offence is made out against the petitioner.

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Permitted to be withdrawn with the aforesaid liberty, however, it is directed that petitioner shall appear/surrender before the learned trial Magistrate, Dehradun on or before 23.08.2013, as stated by Mr. Pawan Mishra, learned counsel for the petitioner. In the event of moving bail application, same shall be decided, sympathetically, if possible, on the same day. If for any reason, bail application is not decided on the same day and is listed for future date, petitioner shall be enlarged on interim bail on furnishing his personal bond, to the satisfaction of learned trial Magistrate for the period till final decision is taken on the bail application.

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However, it is clarified, if petitioner fails to appear before the learned trial Magistrate, Dehradun till 23.08.2013, as stated by Mr. Pawan Mishra, learned counsel for the petitioner, learned trial Magistrate, Dehradun shall be at liberty to proceed against the petitioners, in accordance with law.

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Let copy of this order be forwarded to learned trial Magistrate, Dehradun, immediately.

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Sanjay

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(Alok Singh, J.) 05.08.2013

S.S.Chauhan v. State of Uttarakhand and Anr.

Case brief

What is this about?

What did the court decide?

S.S.Chauhan v. State of Uttarakhand and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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