- (1.) K. S. Rakhra, J. Heard the learned Counsel for the petitioner, learned A. G. A. and perused record.
(2.) THE petitioner is an accused in case crime No. 204/2003 PS Sandila Distt. Hardoi which was original registered under Section 125/504 IPC. He has been admitted to bail in the said crime for the said offences. While the matter was pending before the Court, the police submitted supplementary charge- sheet on 10-5-2004 adding Section 3 (1) (x) SC/st Act. THEre is no allegation that the applicant ever misused the bail granted to him in the aforesaid crime for the offences under Sections 323, 325, 504 IPC. After the addition of Section 3 (1) (10) SC/st Act, the Magistrate is requiring him to apply for bail afresh. The order passed by the Magistrate has been confirmed in Crl. Revision No. 99 of 2004 by the learned Sessions Judge, Hardoi. The revisional Court has placed reliance on the case of Prahlad Singh Bhati v. N. C. T. Delhi & Anr. , 2001 Crl. LJ 1730, in which the apex Court has observed that even when an offence triable by the Court of Session the Magistrate has no power to grant bail. The restrictions as observed by the apex Court is on the power of Magistrate. The petitioner has approached this Court under Section 482 Cr. P. C. The petitioner has already been admitted to bail. There is no allegation of misuse of bail. The effect of the order of Magistrate in the present case, would be that petitioner would have to go to Jail before he makes an application before the Sessions Judge for his release under Section 3 (1) (x) SC/st Act. This interference with the liberty, in the circumstances mentioned above, is not justified because the purpose of grant of bail is to secure the attendance of the accused before the trial Court for facing trial. The bail is not to be refused as a measure of punishment to be given to the accused facing trial. In the circumstances of the case, it is proper that the power under Section 482 Cr PC be invoked and the petitioner be permitted to file fresh bail bonds covering Section 3 (1) (x) of SC/st Act and without him being taken into custody.
(3.) THE petition is accordingly allowed. The petitioner shall be permitted by the Magistrate concerned, to file fresh bail bonds covering aforesaid Sections. Petition allowed. .;