MUSTAQEEM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Parikshit Saini appearing for the petitioner fairly stated that learned Trial Court was within its jurisdiction to frame charges. I also find that learned Trial Court committed no mistake of law or jurisdiction while framing the charges.

(2.) Mr. Parikshit Saini learned counsel for the petitioners stated that First Information Report was lodged against the accused under sections 354, 452, 323, 324 and 504 IPC. It is further submitted that chargesheet has been filed after investigation adding section 307 IPC. Mr. Parikshit Saini further stated that prior to filing of the chargesheet during the investigation accused were released on bail vide order dated 27.09.2008 passed by Judicial Magistrate, Roorkee in case crime no. 222 of 2008 P.S. - Bhagwanpur, District - Hardwar. As per direction issued by learned Judicial Magistrate vide order dated 27.09.2008 personal bonds and sureties were furnished to the satisfaction of learned Judicial Magistrate.

(3.) Mr. Parikshit Saini stated that now Trial Court is insisting to seek fresh bail for the offence under section 307 IPC which was added by the Investigating Officer in the chargesheet after due investigation.