- (1.) BARKAT Ali Zaidi, J. The facts giving rise to this application under Section 482 Cr. P. C. are that a case was registered under Sections 323, 324 and 504 Indian Penal Code by police, Police Station Mangalpur, District Kanpur Dehat. The police released the accused on bail.
(2.) THEREAFTER, on receipt of the doctor's report the case was converted, one under Section 308, Indian Penal Code and after completion of investigation the charge-sheet was also filed under Section 308 Indian Penal Code, alongwith aforesaid sections. On receipt of the charge-sheet Additional Chief Judicial Magistrate-1 Kanpur Dehat summoned the accused and made a mention in the order dated 15-12-2005 that the accused were not bailed out under Section 308 IPC. It is, thereafter, that the applicant have come to this Court and the prayer is that the Magistrate be directed to release the applicants on bail. The prayer made by the applicants is as follows: "it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite parties to release the applicants in added Section 308 IPC as already released on bail under Section 323, 324 and 504 IPC,. Police Station Mangalpur, District Kanpur Dehat on 28-9-2005 from police station and or to pass any such other or further order which this Hon'ble Court may deem fit and proper under the circumstances of the case. " The prayer has not been properly worded, because there is no mention in the prayer that the Magistrate should release the accused on bail, and the only mention is that the accused, should be released. The whole prayer has, therefore, become confused.
(3.) HOWEVER, on the basis of the argument advanced, we may proceed on the assumption that the request is that the direction be given to the Magistrate to release the applicants on bail in the added offence. In the first place offence under Section 308 IPC is triable by the Session Court and primarily it is for the, Sessions Court to grant or refuse bail to the accused. The Magistrate can grant bail in certain Session Trial cases as is given in the Criminal Procedure Code, but that is not the case of the applicants, that they are entitled to bail by the Magistrate under any such provisions.;