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2025 DAILYLAW 10384 (UTT)

AFJAAL HUSSAIN AND ORS v. STATE OF UTTARAKHAND

C528/259/2024 · 2025-01-06

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:121 C528 No.259 of 2024 Hon'ble Pankaj Purohit, J. Mr. Ankush Singhal, learned counsel, holding brief of Mr. Harshpal Sekhon, learned counsel, for the applicants. 2. Mr. Vipin Painuly, learned Brief Holder, for the State of Uttarakhand. 3. None present for the private respondent. 4. By means of the present C528 application, the applicants have challenged the entire proceedings of Criminal Case No.550 of 2024, “State vs. Afjaal Hussain and others”, pending in the court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar. 4. Learned counsel for the applicants argued that they may be permitted to surrender before the court concerned; however, their bail application may be directed to be decided within fifteen days. 5. He also placed reliance upon the authority of Apex Court in the case of “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, reported in (2021) 10 SCC 773. For the sake of convenience, relevant portion thereof is quoted hereinbelow:- “3.Category A(e) Bail applications of such accused on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.” 6. In such view of the matter, present C528 application is disposed of permitting the applicants to surrender before the concerned court on or before 21.01.2025; if any bail application is moved on their behalf, the court concerned is directed to decide the same in view of dictum of the Apex Court in the case of Satender Kumar Antil (Supra). 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 06.01.2025 NR/