Heard Sri Preet Pal Singh Rathore, Advocate appearing for the applicants and learned AGA for the State.
By means of this application under Section 482 Cr.P.C, it is prayed that the applicants be permitted to submit their bail bonds for the additional Section 308 IPC in case no. 183 of 2009 arising out of case crime no. 288 of 2009 State Vs. Upesh Pal, P.S.- Vinawar, District-Budaun.
It is submitted by the learned counsel for the applicants that bail has been granted to the applicants under Section 452, 323, 504, 324 IPC in case crime no. 288 of 2009 but charge sheet has been submitted under Section 308 IPC and hence the applicants may be permitted to file fresh bail bonds in the additional section 308 IPC without making surrender in trial court, as the applicants are already on bail in the said case.
In view of the law laid down by this court in Raj Kumar & Others Vs. State of U.P. 2007 (59) ACC 413, in my opinion the applicants can not be permitted to file bail bonds in the additional section 308 IPC unless bail order is made by the court below for the additional section 308 IPC.
Therefore the application under section 482 Cr.P.C. is rejected.
However, considering the facts and circumstances of the case, it is directed that if the applicant move application for appearance/surrenders before the court concerned within 30 days from today, the court concerned shall fix date on that application for surrenders/appearance. In the meantime the court concerned shall seek instruction from the prosecution side. In case, the applicant move the application for bail on the day of appearance or surrenders, the same shall be considered and disposed of expeditiously and if possible on the same day by the courts below, keeping in view the law/ guidelines laid down in Smt. Amrawati and another versus State of U.P. 2004 (57) ALR (290) (Seven Judges' Judgment of this Court) and Hon'ble Apex Court judgment in Lal Kamlendra Pratap Singh vs. State of U.P. and others 2009 (3) A.D.J. 322 (SC), but having regard to the observations made by the Division Bench of this Court in Pradeep Tyagi Vs. State of U.P. and others 2009 (65) ACC 443 and Sheo Raj Singh @ Chhuttan Vs. State of U.P. and others 2009 (65) ACC
781. Order Date :- 7.1.2010 SR