BABU KHAN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-2-4
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on February 03,2012

BABU KHAN Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Having heard learned Counsel for the applicants petitioners on the urgency application, the same is allowed.
(2.) By way of filing this petition under Section 482 CrPC, the applicants petitioners have sought direction from this Court to the learned Magistrate, Roorkee to grant them bail for the added offence of Section 308 IPC on the same bail bonds and sureties, which they furnished in the court earlier at the time of releasing them on bail for the offences under Section 147, 148, 149, 323, 324, 325, 504 & 506 IPC in Crime No. 127/2011 pertaining to Police Station Bhagwanpur, District Haridwar. The prayer has also been made to quash the chargesheet and to stay the further proceedings before the court below till the adjudication of this petition by this Court.
(3.) Briefly stated facts of the case are that an FIR was lodged against the accused applicants on 12.6.2011 for the offences punishable under Section 147, 148, 149, 323, 452, 504 & 506 IPC. They were granted bail vide order dated 28.6.2011 by the Judicial Magistrate, Roorkee for the said offences on furnishing two sureties and bail bond of like amount i.e. rupees fifteen thousand by each one of them. But after investigation and taking note of the serious injuries caused to the victims, the Investigation Officer submitted the chargesheet against all these applicants/accused persons also for the offence punishable Section 308 IPC, in addition to the above offences. Thereafter the applicants neither surrendered themselves nor moved any fresh bail application, rather they filed an application through their Advocate without putting their personal appearance, much less surrender, before the court below seeking that their personal bonds and sureties should also be accepted for the added offence of Section 308 IPC. The court below rejected the application of the accused applicants vide the impugned order dated 17.1.2012. Hence, this petition has been filed with the prayers stated above.;


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