AMAR SARAN,J. - (1.) HEARD learned counsel for the applicants and learned Additional Government Advocate appearing for the State of U.P.
(2.) THE prayer in this application under Section 482 Cr. P.C. is for permitting the applicants to continue on the earlier bail granted to them also in the newly added Section 307 IPC on their furnishing fresh bail bonds to the satisfaction of the Court concerned. In this case, the applicants were granted bail by the Ist A.C.J.M. Banda, by the order dated 18 -10 -2004. However, that bail order was granted on the footing that the applicants were only involved at that stage in a case under Sections 323, 324 IPC at case Crime No. 317 of 2004 pertaining to P.S. Moosajhag. It appears that subsequently, the applicants have also been charge sheeted under Section 307 IPC, as certain injuries are said to be grievous. However, on perusal of the supplementary report, it is mentioned that injury No. 17 is said to be grievous. That injury, which was a contused swelling, 12 cm x 8 cm on back of right leg, is also not on a vital part. But in view of the decision of the apex Court in Prahlad Singh Bhati v. N.C.T. Delhi, 2001(2) JIC 50 (SC) : (2001) 4 SCC 280, as inclusion of an offence under Section 307 IPC makes the case a Sessions triable case, which is punishable up to imprisonment for life, hence the Magistrate has no power to grant bail under that section in view of Section 437(1)(i) which interdicts a Court other than the High Court or Court of Sessions (i.e. the Magistrate) from granting bail if there are reasonable grounds for believing that a person is guilty of an offence punishable with death or imprisonment for life. The applicants cannot, accordingly, be permitted to continue on the earlier bail granted by the learned Magistrate.
(3.) HOWEVER , looking to the circumstances of the case and the fact that the applicants had been granted bail in the same matter, but Section 307 was added later, if the applicants appear before the Magistrate concerned within a period of three weeks from today in the early hours when the Court sits, and apply for bail, the learned Magistrate shall dispose of the bail application on the same day, if possible. Thereafter, the bail application shall be presented on the same day, if possible, before the learned Sessions Judge concerned, who shall dispose of the bail application expeditiously. In case, the learned Sessions Judge is inclined to keep the bail application pending to seek a report from the police in the matter, he may even consider releasing the applicants on interim bail fixing some date for hearing of the bail application, if he deems it an appropriate case, in view of the circumstances alluded to above in accordance with the decision of the Full Bench in Smt. Amarawati and another v. State of U.P. (Criminal Misc. Application No. 2154 of 1995) decided on 15 -10 -2004 [Since reported in 2004(2) JIC 630 (All) (FB).;