KARAN SINGH Vs. STATE OF U P
LAWS(ALL)-2005-9-190
HIGH COURT OF ALLAHABAD
Decided on September 15,2005

KARAN SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.)B. B. Agarwal, J. Heard Sri D. K. Singh, Somwanshi, learned Counsel for the petitioners and Sri A. K. Yadav, learned A. G. A.
(2.)THIS petition has been moved for a direction to the Judicial Magistrate Mohammadi, District Lakhimpur Kheri to accept the fresh bail bonds in Crime No. 164 of 2005 relating to Criminal Case No. 570 of 2005 under Section 308 I. P. C. , Police Station Mohammadi District Lakhimpur Kheri. On the basis of the report lodged by the complainant in the case, after inquiry, the Investigating Officer converted the case under Section 308 I. P. C. Initially, the case was registered under Sections 325, 323, 504, 506 I. P. C. Since all the offences were bailable prior to the submission of the charge-sheet under Section 308 I. P. C. , therefore, the learned Magistrate released the petitioners on bail on furnishing bail bonds of Rs. 10,000/-and two sureties each in the like amount. After submission of the charge-sheet under Section 308 I. P. C. instead of moving any application before the Magistrate for accepting the same bail bonds under Section 308 I. P. C. as they have already been granted bail in view of the law laid down reported in 2001 (1) JIC 463 (All) : ACC 2001 page 260, Lal Mani & Ors. v. State of U. P. & Ors. , they have moved this petition under Section 482 Cr. P. C.
In view of the aforesaid ruling, the petitioners no doubt, can be allowed to remain on the same bail bonds, but there is no need for direction to the Magistrate concerned. In view of the law laid down by this Court in the aforesaid ruling, the learned Magistrate is empowered to accept the same bail bonds, which have already been furnished by the accused/petitioners for the offence under Section 308 I. P. C. or can issue a direction for furnishing a fresh bail bonds without taking in custody. However, since the offence under Section 308 I. P. C. is triable by the Sessions Court and the petitioners are apprehending that they will be taken in custody as many as they will appear before the Magistrate concerned, hence the petitioners have moved this petition for a direction to the Judicial Magistrate concerned in the matter in view of the aforesaid ruling.

The petition is, therefore, allowed. The learned Magistrate is directed to pass appropriate orders on the application, if any, moved by the petitioners for accepting the bail bonds already furnished by them for the offence under Section 308 I. P. C. also or for asking them to furnish fresh bail bonds under Section 308 I. P. C. keeping in view the aforesaid law laid down by the High Court. .



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