Uttarakhand High Court
Sethu Alias Sameer vs State Of Uttarakhand And Another on 7 January, 2016
Author: Alok Singh
Bench: Alok Singh
C482 No. 16 of 2016 Hon'ble Alok Singh, J.
Mohd. Safdar, Advocate for the petitioner.
Mr. P.S. Saun, Deputy Advocate General for the State of Uttarakhand.
Learned counsel for the petitioner submits that petitioner was never arrested during investigation; petitioner shall surrender /appear before trial Magistrate in compliance of cognizance / summoning order on or before 20.01.2016 and shall move application seeking regular bail, which should be decided by the trial Magistrate without any undue delay; petitioner shall argue on the question of discharge at the appropriate stage.
Present petition, thus, stands disposed of with the direction that petitioner shall surrender / appear before the trial Magistrate on or before 20.01.2016, as stated by learned counsel for the petitioner. In the event of moving bail application, same shall be considered keeping in mind that petitioner was never arrested during the course of investigation and has always cooperated with the investigating agency. If for any reason, bail application is adjourned for future hearing, petitioner shall be released on furnishing his personal bond for the period till final decision is taken on the bail application. Petitioner shall be at liberty to argue on discharge at the appropriate stage. However, if petitioner fails to surrender before the Magistrate till 20.01.2016, learned Magistrate shall be at liberty to proceed against the petitioner in accordance with law.
Let copy of this order be forwarded to the Magistrate concerned for information.
(Alok Singh, J.) 07.01.2016 SKS