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HIGH COURT OF UTTARAKHAND
Sri Narayan Singh Dhanik
KUSUM – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
C482/62/2022
Trial courts should consider and decide bail applications on the same day of surrender, and if rejected, forward the papers to the Court of Sessions for an expedited decision.
Headnote:
Fact of the Case:
The applicant filed a C482 application to quash the chargesheet, order, and proceedings of a criminal case pending before the ACJM, Laksar.
Finding of the Court:
The court dismissed the C482 application but directed the trial court to consider and decide the applicant's bail application on the same day of surrender and, if rejected, forward the papers to the Court of Sessions for an expedited decision.
Issues: Request for quashing of chargesheet, order, and proceedings in a criminal case.
Ratio Decidendi: The court held that the prayer to direct the courts below to decide the bail application on the same day was innocuous and not opposed by the State Counsel.
Final Decision: The C482 application was dismissed with directions to the trial court to consider and decide the bail application on the same day of surrender and, if rejected, forward the papers to the Court of Sessions for an expedited decision.
SL.
No
Date
Office Notes,
reports, orders
or proceedings
or directions and
Registrar’s order
with Signatures
COURT’S OR JUDGES’S ORDERS
C482 No. 62/2022
Hon’ble N.S. Dhanik, J.
Mr. Parikshit Saini, Advocate, for
the applicant.
Mr. Pramod Tiwari, Brief Holder for
the State.
Mr.
Sanpreet
Singh
Azmani,
Advocate, for the respondent no. 2.
This C482 application has been filed
to quash the chargesheet dated 7.11.2018,
order dated 7.12.2018 and the entire
proceedings of Criminal Case No. 882 of
2018 pending before the ACJM, Laksar,
District Haridwar.
After
arguing
at
some
length,
learned Counsel for the applicant does not
press this C482 application on merits. He
submits that the courts below be directed
to decide the bail application of the
applicant on the same day.
Prayer is innocuous and the same is
not being opposed by the learned State
Counsel.
Consequently, this C482 application
is dismissed with direction that if the
applicant
surrenders
and
moves
bail
application, the trial court shall consider
and decide it on the same day and if the
bail application is rejected, the papers shall
be forwarded to the Court of Sessions on
the same day, who shall decide the bail
application of the accused applicant as
expeditiously as possible.
(N.S. Dhanik, J.)
14.1.2022
Pr
