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2009 Supreme(UK) 604

ALOK SINGH
SUBHASH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Applicants :Mr. Manish Arora, Advocate
For the Respondent: Mr. Nandan Arya, A.G.A.

JUDGMENT

Mr. Manish Arora, learned counsel for the appellants.

2. Mr. Nandan Arya, learned AGA for the State of Uttarakhand.

3. There is no need to serve notice upon respondent no.2.

4. Heard learned counsel for the parties.

5. By way of present petition, petitioners/applicants are challenging the order dated 09.11.2009 passed by Judicial Magistrate, Roorkee refusing the request of the petitioners to accept fresh personal bonds and sureties for the newly added section 308 IPC in the chargesheet.

6. Brief facts of the present case are that First Information Report was lodged under Sections 325, 325, 504, 506, 323 IPC read with section 34 IPC. Petitioners vide order dated 20.01.2007 were enlarged on bail in case crime no. 198 of 2006 under sections 323, 325, 504, 506 IPC read with section 34 IPC. After investigation charge-sheet was filed against the petitioners adding section 308 IPC along with section 323, 325, 504, 506 IPC read with section 34 IPC. After investigation charge-sheet was filed against the petitioners adding section 308 IPC along with sections 323, 325, 504, 506 IPC read with section 34 IPC. Learned Magistrate vide order dated 17.05.2007 took cognizance on the charge-



































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