Court No. - 72
Case :- APPLICATION U/S 482 No. - 17158 of 2019 Applicant :- Hashim Khan And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The present application u/s 482 Cr.P.C. has been filed to quash the impugned supplementary charge-sheets dated 20.08.2018, State Vs. Hashim Khan & Anr., under Sections 364, 302, 201 I.P.C., arising out of Case Crime No. 68 of 2013, Police Station Narora, District Bulandshahar, pending in the court of learned Additional Session Judge-I, Bulandshahar.
3. Learned counsel for the applicant submits, though the first information report was lodged against the applicants containing allegation of offence under Sections 364, 302 and 301 I.P.C. The charge-sheet was submitted only under Section 302 I.P.C. The applicants were enlarged on bail under Section 302 I.P.C. by order dated 10.4.2014 passed in Criminal Misc. Bail Application No. 11330 of 2014 (in the case of Hashim) and order dated 16.3.2016 passed in Criminal Misc. Bail Application No. 23961 of 2014 (in the case of Firoz). While the applicants have not violated the terms of bail order and have been participating in the proceedings, at present, the applicants have been summoned under Sections 364 and 201 I.P.C. on the basis of supplementary charge-sheet submitted by the investigating agency.
4. It is thus apprehended that if applicants were to surrender before the learned court below, they would be detained, though they have already been enlarged on bail under the heavier offence of Section 302 I.P.C.
5. In view of the above, the present application is disposed of with an observation that in case the applicants have not violated the terms of the bail order for the heavier offence of Section 302 I.P.C., they may be released on bail with fresh bail bonds in Case Crime No. 68 of 2013, under Sections 364, 201 I.P.C., Police Station Narora, District Bulandshahar.
Order Date :- 30.4.2019 Prakhar