Petitioner sought permission to withdraw a petition, requesting bail sympathetic consideration and interim bail by trial Magistrate if delayed.
Permission to withdraw petition with liberty to raise points before discharge stage; direction to trial court for sympathetic bail decision or interim bail.
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C-482 No. 621 of 2013
Hon’ble Alok Singh, J
Mr. Neeraj Garg, Advocate for the petitioner.
Mr. K.S. Rautela, AGA assisted by Mr. P.S. Danu, Brief Holder for the State of Uttarakhand / respondent no.1.
Mr. Neeraj Garg, learned counsel, appearing for the petitioner, seeks permission to withdraw this petition at this stage with liberty to raise all the legal and factual points before the learned trial Magistrate, at the time of framing of the charges seeking discharge. He however, submits that petitioner shall appear/surrender before the learned trial Magistrate in compliance of the summoning order dated 13.08.2009 on or before 19.07.2013 and shall move an application seeking regular bail; considering the peculiar facts and circumstances of the case, learned trial court be directed to decide the bail application sympathetically, if possible, on the same day.
Permitted to be withdrawn with the aforesaid liberty. Petitioner shall appear/surrender before the learned trial Magistrate in compliance of the summoning order on or before 19.07.2013, as stated by Mr. Neeraj Garg, learned counsel for the petitioner. In the event of moving bail application, learned trial Magistrate shall decide the bail application sympathetically, if possible, on the same day or soon thereafter. In view of the judgment passed today in WPCRL No. 758 of 2013, if bail application is not decided on the same day. Petitioner shall be enlarged on interim bail on furnishing personal bonds to the satisfaction of the learned trial Magistrate, till the final decision is taken by the trial Magistrate on the bail application.
Sanjay
Colour shows how this judgement treated each authority
WPCRL No. 758 of 2013Referred¶6
Unnamed Petitioner
State of Uttarakhand
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
