Disposed

Gurnam Singh and Others v. Kulwant Kour

Uttarakhand HC2 Aug 2013C482/750/2013

Case brief

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What is this about?

This petition assailing a summoning order was permitted to be withdrawn with liberty to seek discharge or bail. The court directed the Additional Judicial Magistrate to decide the bail application sympathetically on the same day if moved, or grant interim bail on furnishing personal bonds if listed for the future date.

What did the court decide?

Permission to withdraw the petition with liberty to seek regular bail; direction to trial court to decide bail sympathetically or grant interim bail on personal bonds.

Gurnam Singh and Others Vs Kulwant Kour — Criminal Trial and Appeal | Uttarakhand HC (2013)

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C482 No. 750 of 2013

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Hon’ble Alok Singh, J

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Mr. A.M. Saklani and Mr. D.S. Bisht, Advocates for the petitioners.

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None for the respondent.

¶5

Present petition is filed assailing the judgment and order dated 08.05.2013, passed by Additional Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Complaint Case No. 106 of 2013, whereby petitioners / accused were summoned under Section 147, 394, 506, 323 IPC.

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Mr. A.M. Saklani, learned counsel, appearing for the petitioners, submits that petitioners shall appear/surrender in compliance of summoning order dated 18.05.2013 on or before 23.08.2013 before the learned Additional Judicial Magistrate, Khatima and shall move an application, seeking regular bail, therefore, learned Magistrate may be directed to decide the bail application, at its own merit, in accordance with law, without any undue delay. He further contends that since petitioners were summoned on a private complaint, therefore, their bail application may be decided sympathetically on the same day and they should not be arrested and sent to judicial custody unnecessary.

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

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Permitted to be withdrawn with the aforesaid liberty. However, petitioners shall appear before learned Additional Judicial Magistrate, Khatima on or before 23.08.2013 in compliance of summoning order dated 18.05.2013, as stated by MR. A.M. Saklani, learned counsel for the petitioners. In the event of moving bail application, same shall be decided, sympathetically, if possible on the same day. If for any reason, application is not decided on the same day and is listed for future date, petitioners shall be enlarged on interim bail on furnishing their respective personal bonds, to the satisfaction of learned Additional Judicial Magistrate for the period till final decision is taken on the bail application.

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However, it is clarified, if petitioners fail to appear before the learned Additional Judicial Magistrate, Khatima till 23.08.2013, as stated by Mr. A.M. Saklani, learned counsel for the petitioners, learned Additional Judicial 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 learned Additional Judicial Magistrate, immediately.

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(Alok Singh, J.)

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02.08.2013

¶13

Sanjay

Gurnam Singh and Others v. Kulwant Kour

Case brief

What is this about?

What did the court decide?

Gurnam Singh and Others v. Kulwant Kour

Case brief

What is this about?

What did the court decide?

What the court decided

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