This application under Section 482 Cr.P.C. has been filed with a prayer that the learned lower court may be directed to accept fresh bail bond in the added section 326 I.P.C..
Learned counsel for the applicants pointed out that in crime no. 272/2009 of P.S. Sujanganj, District Jaunpur applicants had obtained bail from the court of Magistrate for the offences under Sections 323, 324, 326, 504, 506 I.P.C. but when the charge sheet was filed, Section 326 was also added by the investigating officer. His prayer is that a direction may be issued to the Magistrate that fresh bail bonds may be taken for the added offfence under Section 326 I.P.C..
I considered over the matter.
The said direction cannot be given to the Magistrate as it will amount to interference in the discretion of the lower court.
The application is therefore dismissed.
However, the learned lower court is directed that after the applicants surrenders in the court within three weeks from today their bail application shall be disposed of in the light of the judgement passed by 7 judges Bench of this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009.
Order Date :- 21.1.2010 Naresh