Uttarakhand High Court
Tahir And Others vs State Of Uttarakhand And Another on 8 December, 2015
Author: Alok Singh
Bench: Alok Singh
C-482 No. 1556 of 2015 Hon'ble Alok Singh, J.
Mr. Mohd. Safdar, Advocate for the petitioners.
Mr. P.S. Saun, Deputy Advocate General for the State.
Present petition is filed assailing the chargesheet dated 04.09.2015 and cognizance/summoning order dated 17.11.2015 passed thereon, by the Judicial Magistrate, Roorkee in Criminal Case No. 1565 of 2015, State Vs. Tahir and others, under Sections 147, 148, 323, 504, 506, 325 I.P.C. and 3 (1) (10) of S.C.&S.T. Act, Police Station Kotwali Gangnahar, District Haridwar.
Mr. Mohd. Safdar, learned counsel for the petitioners submits that petitioners were never arrested during the investigation. He further contends that petitioners shall surrender / appear before the learned Magistrate on or before 16th December, 2015 and shall move regular bail application before the learned Sessions Judge, having jurisdiction in S.C. & S.T. Act on or before 21st December, 2015. Therefore, bail application should be decided without any undue delay and meanwhile petitioners should not be arrested and should be enlarged on interim bail as held by this Court in the case of Hari Gupta and another Vs. Sate of Uttarakhand and others reported in 2013 (2) U.D. 203.
Present petition, thus, stands disposed of with the direction that petitioners shall surrender / appear before the learned Magistrate on or before 16th December, 2015 as stated by Mr. Mohd. Safdar, learned counsel for the petitioners. Petitioners shall be released on furnishing their respective personal bonds by the learned Magistrate for the period till final decision is taken on the bail application by the Sessions Judge. However, it is made clear if bail application is not moved by the petitioners before the Sessions Judge till 21st December, 2015, interim bail order / release order of the petitioners shall stand revoked / cancelled in the afternoon of 21st December, 2015. It is further made clear that if petitioners fail to surrender / appear before the Magistrate till 16th December, 2015, learned Magistrate shall be at liberty to proceed against the petitioners in accordance with law.
Let copy of this order be forwarded to the learned Magistrate as well as Sessions Judge for information and compliance.
(Alok Singh, J.) Dated 08.12.2015 Shiv