Partly allowed

Dheeraj Singh Raghuvanshi v. State Of Uttarakhand and Another

Uttarakhand HC29 Jul 2013C482/725/2013

Case brief

AI extract

What is this about?

Petitioner sought to withdraw a criminal petition assailing a charge-sheet and summoning order, relying on the K. Neelavena judgment. Court permitted withdrawal with liberty to seek discharge at trial, ordering appearance by date and invoking interim bail if trial court delays considering bail application.

What did the court decide?

Petition allowed to be withdrawn; petitioner ordered to appear before Magistrate; interim bail enlarged if bail application not disposed.

Dheeraj Singh Raghuvanshi Vs State Of Uttarakhand and… — Bail and Remand | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Misc. Application No. 725 of 2013

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Dheeraj Singh Raghuvanshi …………..Petitioner.

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versus

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State of Uttarakhand and another ……………...Respondents.

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Present: Mr. Vipul Sharma, Advocate for the petitioner. Mr. K.S. Rautela, Additional Government Advocate for the State/respondent no. 1.

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Hon’ble Alok Singh, J. (Oral)

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Present petition is filed assailing the charge-sheet as well as the cognizance/summoning order dated 05.04.2013, passed by Judicial Magistrate Rudrapur, District Udham Singh Nagar.

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Mr. Vipul Sharma, learned counsel, appearing for the petitioner, in view of the judgment of the Hon’ble Apex Court in K. Neelavena vs. State 2010 (11) SCC, 607 , seeks permission to withdraw this petition at this stage with liberty to raise all the factual and legal points before the learned trial court at appropriate stage seeking discharge. He further submits that petitioner shall appear/surrender before the learned Judicial Magistrate, Dehradun in compliance of the summoning order on or before 23.08.2013 and shall move an application seeking regular bail.

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Mr. Vipul Sharma, learned counsel, appearing for the petitioner, further submits that this Court was pleased to grant stay against the arrest of the petitioner in WPCRL No. 953 of 2012 vide order dated 09.10.2012, therefore, petitioner was not arrested during the investigation and petitioner has never misused the stay.

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Mr. Vipul Sharma, learned counsel, appearing for the petitioner, placing reliance on the judgment of this Court in the case

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of Hari Gupta & another vs. State of Uttarakhand & others in WPCRL No. 758 of 2013, decided on 26.06.2013 , submits that petitioner should not be arrested and sent to the judicial custody merely because cognizance has been taken on the charge-sheet.

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Permitted to be withdrawn with the aforesaid liberty. However, petitioner shall appear/surrender before the Judicial Magistrate on or before 23.08.2013 in compliance of cognizance / summoning order, as stated by Mr. Vipul Sharma, learned counsel for the petitioner. In the event of moving bail application, same shall be decided by the learned Magistrate, sympathetically 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 Magistrate for the period till final decision is taken on the bail application, moved by the petitioner.

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Warrant issued against the petitioner, if any, shall be kept in abeyance till 23.08.2013.

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However, it is clarified if petitioner fails to appear till 23.08.2013, as stated by Mr. Vipul Sharma, learned counsel for the petitioner, learned Magistrate 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 the learned Judicial Magistrate Rudrapur, immediately.

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(Alok Singh, J.) 29.07.2013

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Sanjay

Dheeraj Singh Raghuvanshi v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

Dheeraj Singh Raghuvanshi v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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