Heard, the learned counsel for the applicants, the learned AGA for the State and perused the record.
The present application has been moved by the applicants Sube Deen alias Shubha and Kallu alias Majjer Hasan in case crime no.220-A of 2009, under Section 307 and 506 IPC, P.S. Shahpur, District Muzaffar Nagar with a prayer that they may be released on bail on the same bail bonds and sureities.
Learned counsel for the applicants submits that applicants have already been released on bail vide order dated 28.5.2009 in case crime no.220-A of 2009, under Section 324, 506 IPC, P.S. Shahpur, District Muzaffar Nagar, later on Sections 307 & 506 IPC have been added during investigation and after release of applicants on bail. They may be permitted to remain on the same bail bond.
It appears from the perusal of record, that initially a case was registered as case crime no.220-A of 2009, under Section 324, 506 IPC, P.S.Shahpur, District Muzaffar Nagar, in which the Investigating Officer has submitted chargesheet under Section 307, 506 IPC. The applicants were on bail under Section 324 and 506 IPC, they cannot be considered on bail unless and until they are not in custody for the offence under Section 307, 506 IPC. The applicants aought to have surrender themselves and after taking them in custody they can move a fresh application for bail under Section 307, 506 IPC and cannot be allowed to furnish bond without taken into custody in the offence.
In view of the aforesaid facts and circumstances of the case, it is directed that the applicants shall surrender themselves before the court concerned within thirty days from the receipt of the certified copy of this order, and in case they apply for bail, the same shall be considered expeditiously in accordance with law. For a period of thirty days no coercive steps shall be taken against the applicants.
With this direction this application is finally disposed of.
Order Date :- 15.6.2010 Mustaqeem.