DILBAG Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.52/2015, Police Station Hamirwas, Dist. Churu, for the offences under Sections 302 and 120 -B IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the challan papers.

(3.) Though the petitioner was named as an assailant in the F.I.R. as well as in the statements of eye -witnesses but the Investigation Officer did not file a charge -sheet against the petitioner for the offence under Section 302 IPC simplicitor but instead charge -sheeted him as a conspirator with the aid of Section 120 -B IPC. On the previous date of hearing the matter was adjourned at the request of the learned P.P. that the trial court can frame a charge against the accused for the offence under Section 302 IPC simplicitor. Today Mr. Bora has placed on record copy of the charge framed against the accused petitioner by the trial court, as per which the trial court too appears to have agreed with the findings of the charge -sheet and framed charge against the petitioner for the offences under Section 120B and 302/120B IPC.