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2025 DAILYLAW 15971 (UTT)

JASPAL SINGH v. STATE OF UTTARAKHAND

C528/2160/2025 · 2025-12-05

Pankaj Purohit

body2025

Judgment text

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2025:UHC:10818 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No.2160 of 2025 Hon’ble Pankaj Purohit, J. Mr. S.R.S. Gill, learned counsel for applicants. 2. Ms. Sweta Badola Dobhal and Mr. Prabhat Kandpal, learned Brief Holders for the State of Uttarakhand/respondents. 3. By means of this present C582 application, the applicants have put to challenge cognizance/summoning order dated 06.08.2021 passed by learned Chief Judicial Magistrate, Haridwar, as well as the entire proceedings of Criminal Complaint Case No.7769 of 2021 Forest Department Vs. Abid Hussain and Ors., Range Case No.15/2021-22 u/s 51 r/w Section 9 of the Wild Life (Protection) Act, 1972, and u/s 26 of the Indian Forest Act, 1927, pending in the Court of learned Chief Judicial Magistrate, Haridwar. 4. After arguing for a considerable length on the merits of the case, learned counsel for the applicants 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, and submitted that the offences against the applicants carry maximum 07 years punishment, therefore, they be permitted to appear before the learned Trial Court and learned Trial Court be directed to deal 2025:UHC:10818 with the applicants as per the dictum of Satender Kumar Antil (Supra). For the sake of convenience, relevant portion thereof is quoted herein below:- 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. 5. Learned counsel for the applicants further submitted that the Non-bailable warrant has already been issued against the applicants and he prayed that the applicants may be permitted to appear before the court concerned within ten days. 6. In such view of the matter, present C528 application is disposed of permitting the applicants to appear before the concerned court on or before 16.12.2025; and they shall be dealt with in view of dictum of the Apex Court in the case of Satender Kumar Antil (Supra). Till 16.12.2025, the execution of NBW issued against the applicants shall be kept in abeyance. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 05.12.2025 PN