Jitendra v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

C482 No. 1699 of 2021 With C482 No. 1779 of 2021 C482 No. 1780 of 2021 C482 No. 1782 of 2021 Hon'ble Sharad Kumar Sharma, J.

Mr. Rajat Mittal, Advocate, for the applicant.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

This is a bunch of four C-482 Applications, which, with the consent of the learned counsel for the parities, are being decided together.

In C-482 Application No. 1699 of 2021, Abid Mirza Vs. State of Uttarakhand and another, the applicant has given a challenge to the proceedings of Criminal Case No. 56 of 2021, State Vs. Surendra Verma and others, wherein, the applicant has been summoned to be tried for the offences under Section 420, 468, 471 and 120-B of the IPC.

In C-482 Application No. 1779 of 2021, Tabassum Vs. State of Uttarakhand and another, the challenge has been given by the applicant to the proceedings of the Sessions Trial No. 56 of 2021, State Vs. Surendra Verma and others, yet again, for the offences under Sections 420, 468, 471 and 120-B of the IPC.

In C-482 Application No. 1780 of 2021, Himani Vs. State of Uttarakhand and another, the challenge has been given by the applicant to the proceedings of Sessions Trial No. 56 of 2021, State Vs. Surendra Verma and others, which is being carried against the present applicant, for the offences under Sections 420, 468, 471 and 120-B of the IPC.

In C-482 Application No. 1782 of 2021, Jitendra Vs. State of Uttarakhand and another, the challenge has been given by the applicant to the proceedings of Sessions Trial No. 56 of 2021, State Vs. Surendra Verma and others, yet again, for the offences under Sections 420, 468, 471 and 120-B of the IPC.

The learned counsel for the applicant submits, that all these C-482 Applications may be disposed of in the light of the judgment of the Hon'ble Apex Court as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

Apart from the offences under Sections 420 and 120-B of the IPC, as it engaged consideration in these C-482 Applications, the offence under Section 468 of the IPC, it carries a sentence of seven years. As far as the offence under Section 471 of the IPC is concerned, it observes that the sentence would be in the same manner as it is in relation to the forged documents. That means, the sentence as prescribed under Section 465 of the IPC, which is of two years.

Since, the learned counsel for the applicant

seeks the disposal of these C-482 Applications in view of the judgment of Satender Kumar Antil (Supra), coupled with the fact, that since all the offences carry a sentence of less than seven years, they would be amenable to the jurisdiction of the respective Courts ceased with the Sessions Trial, and their respective Bail Applications are required to be decided in the light of the parameters as prescribed by the judgment of Satender Kumar Antil (Supra). If the applicant surrenders within a period of two weeks from today, their Bail Applications would be processed in accordance with the guidelines framed for "A" category of offences, as prescribed therein in para 3 (e) of the said judgment.

Subject to the aforesaid, the C-482 Applications stands disposed of.

(Sharad Kumar Sharma, J.) Dated 25.08.2023 Shiv