- (1.) KHEM Karan, J. Heard SriAbdul Rafey Siddiqui,the learned Counsel for the applicants and the learned Counsel for the State on this application under Section 482 of Cr. P. C.
(2.) IT appears that a case crime No. 336 of 2002 under Sections 452, 323, 504, 506 of I. P. C. was registered with Police Station Poora Qalendar, District Faizabad. The applicants were granted bail and were released on their furnishing bail bonds. During the course of investigation, Sections 308 and 325 of I. P. C. were added to the Sections already mentioned and compelled the present applicants to move application before the Magistrate concerned for permitting them to file bail bonds. IT is said that the learned Magistrate asked the applicants to seek bail from the Court of Sessions. The applicants moved application before the Court of Sessions, which was rejected on the ground that the applicants were not in custody. Now the applicants have come to this Court. The contention of the learned Counsel for the applicants is that the applicants cannot be compelled to go in custody or to go to jail, simply on the ground that Sections 308 and 325 of I. P. C. have been added to the Sections initially mentioned in the F. I. R. , in which they had already been granted bail. He has submitted that the applicants are entitled to be allowed to remain on bail on the same bail bonds, which have already been furnished by them. He says that in spite of the fact that the learned A. C. J. M. III accepted the legal position that in view of the various judicial pronouncements of this Court, the accused were entitled to remain on the same bail bonds, but he directed the applicants to go to the Court of Sessions to seek bail. Perused the copy of the order dated 31-7-2002 of the learned A. C. J. M. III. In the circumstances, I think that there is no point in asking the applicants to seek fresh bail in the crime in which they have already been released on bail and there has been no substantial change in the factual situation. The injuries were there from before and only grievous hurt was found during the course of further investigation and Sections 308 and 325 of I. P. C. were added.
(3.) IN the result, this application is finally disposed of with a direction to the learned A. C. J. M. III to allow the applicants to remain on bail even under added Sections 308 and 325 of I. P. C. on the bail bonds, which have already been furnished by them. Let a certified copy of this order be given to the applicants, counsel by to tomorrow on payment of usual charges. Application disposed of. .;