S.B. Shukre, J.

1. Heard finally by consent. Admit.

2. It has been submitted on behalf of the applicant-complainant in Crime No. 151/2013 initially registered for the offences punishable under Sections 147, 148, 341, 324, 325,294, 506, 452 read with Section 149 of the Indian Penal Code against the non-applicant Nos. 2 to 11 and later on also under Section 326, read with Section 149 of the Indian Penal Code that the learned Magistrate Digras could not have exercised suo motu powers to release the non-applicant Nos. 2 to 11 or the accused persons on bail for subsequently added offence punishable under Section 326 of the Indian Penal Code, without these accused persons asking for their release on bail for the said Sections. He submits, relying upon the ratio of the case of Prahlad Singh Bhati vs. N.C.T. Delhi and another, reported in AIR 2001 SC 1444 : [2001 ALL MR (Cri.) 739 (S.C.)], which had been followed in the case of Uttamkumar s/o. Chandrakant Wagh and another vs. State of Maharashtra, reported in 2013 (1) Mh.L.J. (Cri.) 695 : [2012 ALL MR (Cri.) 3468] that when newly added Section prescribes maximum punishment of life imprisonment or death penalty, the only course avai