Allowed

Aman Deep v. State Of Uttarakhand and Another

Uttarakhand HC26 Jul 2013C482/723/2013

Case brief

AI extract

What is this about?

In C 482 No. 723 of 2013, the Court permitted the withdrawal of the petition under Section 482 CrPC with liberty to seek discharge and regular bail. The petitioner was directed to appear before the trial court by 31.08.2013.

What did the court decide?

Petition withdrawn with liberty to seek discharge; petitioner deferred to appear before trial court by 31.08.2013; interim bail on personal bond if regular bail delayed.

Aman Deep Vs State Of Uttarakhand and Another — Bail and Remand | Uttarakhand HC (2013)

¶1

C 482 No. 723 of 2013

¶2

Hon’ble Alok Singh, J.

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Mr. J.S. Virk, Advocate for the petitioner. Mr. S.S. Adhikari, Brief Holder for the State.

¶4

In view of judgment of Hon’ble Apex Court in the case of K. Neelaveni Vs. State reported in 2010 (11) SCC 607 learned counsel for the petitioner seeks permission to withdraw this petition with liberty to seek discharge, at appropriate stage.

¶5

He further submits that stay against his arrest was granted by this Court vide order dated 23.01.2012 in WPCRL No. 27 of 2012; petitioner was not arrested during investigation and he never misused his stay of arrest.

¶6

Learned counsel for the petitioner further contends that petitioner shall appear before the Chief Judicial Magistrate, Udham Singh Nagar in compliance of summoning order, on or before 31.08.2013 and shall move an application seeking regular bail. He further contends that in view of the judgment passed by this Court in WPCRL No. 758 of 2013 (Hari Gupta Vs. State of Uttarakhand) decided on 26.06.2013, petitioner should not be arrested and sent to judicial custody.

¶7

Permitted to be withdrawn with aforesaid liberty. Petitioner shall appear / surrender before the Chief Judicial Magistrate, Udham Singh Nagar, on or before 31.08.2013, as stated by learned counsel for the petitioner. In the event of moving bail application, the same shall be decided by trial court, sympathetically, if possible, on the same day. If for any reason, bail is posted for future hearing, then petitioner shall be enlarged on interim bail on her furnishing a personal bond to the satisfaction of trial court for the period till regular bail is decided finally. It is, however, made clear that if petitioner fails to appear / surrender before the trial court till 31.08.2013, then learned Magistrate shall be at liberty to proceed against the petitioner in accordance with law.

¶8

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

¶9

(Alok Singh, J.)

¶10

26.07.2013

¶11

SKS

Aman Deep v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

Aman Deep v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

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