In an application under Section 482 CrPC, the High Court declined to grant bail for added sections 325 and 326 IPC, directing applicants to approach the Court below. Pending that, arrest was stayed for one month.
Stay on arrest for one month; applicants directed to approach Court below for bail in Sections 325 and 326 IPC.
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Court No. - 17
Case : - APPLICATION U/S 482 No. - 609 of 2018
Applicant : - Ram Achal Bind & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Patanjali Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with a prayer that the applicant nos. 1 to 3 may be permitted to remain on bail in added Sections 325, 326 IPC on the same bail bonds, which were filed in pursuance of bail order dated 24.6.2017 passed by the Additional Sessions Judge, Court No. 7, Allahabad, under Sections 147, 148, 323, 307 and 504 IPC in Case Crime No. 286 of 2017, P.S. Meja, District Allahabad, and direct the release of applicants in the light of Section 436 Cr.P.C.
Learned counsel for the applicants contends that the FIR was lodged on 7.5.2017, under Sections 147, 148, 323, 308 and 504 IPC and during course of investigation Section 308 was altered to Section 307 IPC and the learned court below had granted bail under those Sections vide order dated 24.6.2017. Thereafter, the charge sheet has been submitted wherein the Sections 326, 325 have been added by the Investigating Officer, hence, the said relief have been prayed to be granted.
In view of this court, the applicants will have to approach the court below for seeking bail under Sections 325, 326 IPC, although, they are of lesser gravity than the offence u/s 308 IPC. Only if the bail is granted to them, the question of their being released on the earlier bond or fresh bonds arises, which is a discretionary power of the court below. Therefore, it would be appropriate that the applicants approach the court below and move an application for seeking bail under Sections 325, 326 IPC.
In case, petitioners/applicants appear before the court concerned within one month from the date of order and apply for bail then the court concerned shall decide the same as expeditiously as possible in accordance with the decision of the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported (2009) 4 SCC 437 and Full Bench decision of this Court in the case of Smt. Amarawati and another v. State of U.P. reported 2005 CRI. L.J. 755. Till then, accused/applicants shall not be arrested.
With the above observation this application stands disposed of.
Order Date : - 11.1.2018 A.P. Pandey
3 issues framed by the court
Whether the High Court can grant bail under added sections 325, 326 IPC when the charge sheet was submitted after the original bail order.
Whether the applicants should approach the Court below instead of being granted bail in the added sections by this Court.
Whether the period of continued custody pending the fresh application for bail can be suspended while awaiting the decision of the Court below.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
Ram Achal Bind
Others
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
