Sher Mohhamand And Two Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.303 of 2018, “State vs. Sher Mohhamand and Others”, pending before the court of 1st Judicial Magistrate, Haridwar under Sections 323, 452, 504 and 506 of IPC.

OR

To decide the present matter, filed under Section 482 of the Code of Criminal Procedure, 1973, by directing the 1st Judicial Magistrate, Haridwar to decide the bail applications of the applicants, in view of the judgment of “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

Heard Mr. Gaurav Singh, the learned counsel for the applicants and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

During the arguments, the learned counsel for the applicants – accused persons submitted that the applicants do not want to press the first prayer and requested to dispose of the present matter by directing the concerned court to decide the bail applications of the applicants by granting benefit of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil (Supra). The learned counsel for the applicants further submitted that the applicants were not arrested during the investigation and they cooperated throughout in the investigation including appearing before the Investigating Officer whenever they were called.

The learned counsel for the State has no objection on the second relief.

At the request of the learned counsel appearing for the applicants, the first relief to quash the entire proceedings of the said criminal case is rejected as not pressed.

The present Criminal Miscellaneous Application (No.1258 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of by directing the concerned court, in case, the present applicants, namely, Sher Mohhamand, Umar Daraj and Sehnawj, move bail applications, the concerned court shall consider the same following the directions of the Hon’ble Supreme Court in Satender Kumar Antil (Supra).