Disposed

Aadarsh Joshi and Another v. State Of Uttarakhand and Another

Uttarakhand HC25 Jul 2013C482/714/2013

Case brief

AI extract

What is this about?

Court permitted withdrawal of C482 petition with liberty to seek discharge. Petitioners must surrender by 17th August 2013; bail applications to be decided sympathetically with interim enlargement if posted later.

What did the court decide?

Permission to withdraw petition granted with liberty; stay of arrest maintained; directions given for surrender by 17.08.2013 and sympathetic disposal of bail.

Aadarsh Joshi and Another Vs State… — Constitutional and Fundamental Rights | Uttarakhand HC (2013)

¶1

C482 No. 711 of 2013 Hon’ble Alok Singh, J.

¶2

Mr. Mohd. Azim, Advocate for the petitioners.

¶3

Mr. S.K. Chaudhary, Addl. G.A. for the State.

¶4

Learned counsel for the petitioners, in view of the judgment of the 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 with liberty to raise all the factual and legal points before the learned Trial Magistrate seeking discharge at the appropriate stage.

¶5

He, however, submits that petitioners shall appear/surrender before the learned Trial Magistrate on or before 17^th August, 2013 pursuant to the cognizance order dated 12.02.2013 and shall move application seeking regular bail. He further contends that this Court was pleased to stay arrest of the petitioners during investigation and in view of the judgment of this Court in the case of Hari Gupta and another Vs. Sate of Uttarakhand and others, WPCRL No. 758 of 2013, decided on 26.06.2013, petitioners should not be arrested and sent to judicial custody and learned Magistrate may be directed to decide the bail application sympathetically on the same day.

¶6

In view of the above, he seeks permission to withdraw this petition with liberty to seek discharge at the appropriate stage.

¶7

Permitted to be withdrawn with the aforesaid liberty.

¶8

However, petitioners shall appear/ surrender before the learned Trial Magistrate on or before 17^th August, 2013 pursuant to the cognizance order in question as stated by the learned counsel for the petitioners.

¶9

In the event of moving bail application by petitioners, same may be decided sympathetically, if possible, on the same day. If for any reason, application is posted for future hearing, petitioners on their respective applications shall be enlarged on interim bail till final decision is taken on the regular bail application.

¶10

However, it is made clear, if petitioners fail to appear / surrender before 17^th August, 2013 before the learned Trial Magistrate, learned Trial Magistrate shall be at liberty to proceed against the petitioners in accordance with law.

¶11

Let copy of this order be forwarded to the learned Magistrate immediately.

¶12

(Alok Singh, J.)

¶13

Dated 25.07.2013 Shiv

Aadarsh Joshi and Another v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

Aadarsh Joshi and Another v. State Of Uttarakhand and Another

Case brief

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What did the court decide?

What the court decided

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