Court No. - 73
Case :- APPLICATION U/S 482 No. - 18912 of 2021 Applicant :- Abdul Kyoom Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Imran Ibrahim,Zuber Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Syed Imran Ibrahim, learned counsel for the applicant, learned AGA for the State and perused the record of the case.
The present application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to quash the charge- sheet dated 12.03.2021 as well as cognizance order dated 17.08.2021 and entire proceedings of Case No. 10296 of 2021 (State of U.P. Vs. Mohd. Mustakim and another) arising of Case Crime No. 0159 of 2020, under Sections 3(2)(d) and 7(1)(a)(ii) of the Essential Commodities Act, Police Station Bailharkala, District Sant Kabir Nagar.
At the very outset, Sri Syed Imran Ibrahim, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application and he submitted that the bail prayer of the applicant shall be decided in view of the direction given by the Apex Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation and others passed in Special Leave to Appeal (Crl.) No.5191 of 2021 decided on 07.10.2021, as the maximum punishment provided under the provisions of Essential Commodities Act, in which, charge-sheet against the applicant was filed, is up to maximum seven years.
Learned A.G.A. having no objection, if such direction is given in view of the judgment of Apex Court in Satender Kumar Antil (supra) case. The present case relates to the provisions of Essential Commodities Act and the charge-sheet was filed under Section 3(2)(i), 7(1)(a)(ii) of Essential Commodities Act and maximum punishment provided under these sections are only up to seven years, therefore, in view of the judgment in case of Satender Kumar Antil (supra), the court below is directed that when the applicant appears before it, then the bail application of the applicant shall be decided in view of the guidelines issued by the Apex Court in case of Satender Kumar Antil (supra).
With these observations and directions, the present application under Section 482 Cr.P.C. is disposed of.
Order Date :- 22.12.2021 AK Pandey