( 1 ) CAN an accused be allowed to remain on the same bail bonds or furnish only fresh bail bonds for the offences triable by the Court of Sessions, if he was earlier granted bail for offences triable by the magistrate in the same crime number, is the question, which has been mooted in the present application for consideration by the applicants. As this question has burdened this court regularly, therefore, it requires determination. But before adverting to the aforesaid question a resume of the facts.

( 2 ) THE informant Manoj Kumar lodged a fir on 6-10-2005 at 10. 40 A. M. at the lice station Pahasu, district Bulandshahar, in respect of an incident alleged to have taken place on 6-10-2005 at 7. 00 A. M as crime No. 256 of 2005 u/s. 147, 148, 452, 323, 324 IPC. Two sets of siblings were arrayed as accused. Rohit alias Chhotu and gaurav are the sons of Shyam Lai and veerendra, Kalyan Singh and Shyam Lai are the sons of Mukundi Lai and all were said to be armed with pharsa, katta, hockey and lathi. It is alleged that on the date and time of incident Amar s/o Shyam Lai called the informant on the pretest of removing his car standard over his plot. There the accused persons started belabouring the informant. Shyam Lai fired from a country made pistol. When the informant took to his heels the accused chased him, entered into his !house and bet his two Bhabhis Smt. Rajwati ;and Smt Durgesh,his father Gopal Singh and [his younger sister Hem Lata. The motive of assault was non-payment of credited amount of Rs. l,70,000/= (Rs. One Lakh seventy Thousand) towards the assailants which they never wanted to pay inspite of repeated demand by the informant. The injured were got medically examined through constable and their injuries indicate that at least two of them had received lacerated wounds on right side parietal skull and left side parietal skull and rest of the injuries were contusions and abrasions on other parts of body. It is noted here that the injury reports of women folk - Smt. Rajwati, smt. Durgesh and Km. Hem Lata have not been appended in this application.

( 3 ) THE three accused applicants Bijendra alias Virendra, Kalyan alias Kalicharan and rohit alias Chotu surrendered before the court of Civil Judge/ Judicial Magistrate, khurja, district Bulandshahar, in the aforesaid crime number and were granted bail ccn 10-10-2005 for the offences u/s. 147, 148. 323, 324, 506,452 IPC by the Magistrate vide Annexure 6 to the affidavit, filed im support of this application. Subsequently dharge-sheet, Annexure 7 was filed against them under sections 308 and 325 IPC as well.

( 4 ) BEING apprehensive of arrest in the newly added offence this application u/s. 482 cr. P. C. invoking the inherent jurisdiction of this court with the prayer to "direct to the court below to accept the fresh bail bond from the applicants in newly added section 308 and 325 IPC in case Crime No. 256 of 2005 u/s. 147, 148,452, 323, 324, 325 and 308 IPC, Police Station Pahasu district bulandshahr, as the applicants are already been on bail in the present case which was granted to them by Civil Judge (Junior Di-vision)/judicial Magistrate, Khurja, bulandshahr on 10-10-2005 under sections 147, 148, 323, 324, 504, 452 IPC. " The ancillary prayer is that the execution of coercive process issued against the applicants be kept in abeyance till the filing of the fresh bail bonds.

( 5 ) WHEN the matter came up for admission an objection was raised by learned AGA that since section 308 IPC is triable by sessions Court, therefore, the prayer that the applicants be allowed to file only fresh bail bonds or to remain on the same bail bonds already furnished before the magistrate in respect of offences which were triable it cannot be granted. The learned AGA canvassed that offences, which are triable by the Court of Sessions, liberty of fresh bail bonds before the Magistrate without seeking bail from the Court of Sessions is against the provisions of law for bail as is contained u

Click Here to Read the rest of this document