MUJJAMIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These are two sets of appeals; in one set, the orders passed by the learned Ist Additional Sessions Judge, Haldwani in FIR No.22 of 2024 has been put to challenge, whereas in another set, the order passed by the same Court in FIR No.23 of 2024 has been challenged. However the date of order(s) in all these matters is different. The substance of the said order is that the court has extended the period of investigation and appellants' detention beyond the period of 90 days. At the same time the order(s) passed by the court of learned Ist Additional Sessions Judge, Haldwani in respect of aforementioned FIR/Crime Numbers 22 and 23 of 2024 have been challenged, whereby the application(s) moved by the appellants for granting them default bail has been turned down. Since the subject matter of all these appeals is one and the same, hence these are being disposed of by this common judgment. But for convenience facts of Criminal Appeal No. 289 of 2024, Gulzar Vs. State of Uttarakhand are being considered.

(2.) These criminal appeals have been filed under Sec. 21(4) of National Investigation Agency Act, 2008 against the order dtd. 11/5/2024, passed by learned Ist Additional Sessions Judge, Haldwani in FIR No.22 of 2024, whereby the learned Ist Additional Sessions Judge, Haldwani has extended the period of investigation and detention of the appellants beyond 90 days as well as the order dtd. 24/5/2024, passed by learned Ist Additional Sessions Judge, Haldwani in Bail Application Nos.122 and 129 of 2024, whereby the bail applications of the appellants for release on default bail have been rejected.

(3.) Facts of the case giving rise to the present proceedings are that an FIR No.22 of 2024 dtd. 8/2/2024 was lodged in Police Station Banbhoolpura, District Nainital under Ss. 147, 148, 149, 307, 332, 353, 395, 427, 435 IPC, Sec. 25 of Arms Act, 1959, Ss. 3 and 4 of Uttarakhand Prevention of Damage to Public Property Act, 2003 and under Sec. 7 of Criminal Law Amendment Act, 1932 was lodged against unknown persons. Another FIR No.23 of 2024 was also registered in Police Station Banbhoolpura on 9/2/2024 under Ss. 147, 148, 149, 120-B, 307, 332, 353, 427, 435 IPC and Ss. 3 and 4 of Uttarakhand Prevention of Damage to Public Property Act, 2003 against Mehboob Alam, Shakil Ahmed and other unknown persons.