- (1.) VIJAY Kumar Verma, J.- Since similar question of law is involved, hence all these cases are being decided by this common judgment.
(2.) APPLICATIONS under Section 482 of the Code of Criminal Procedure (Cr. P. C. for short) have been moved in these cases with the prayer that the Court below be directed to release the applicants on bail on the same bail bonds as have already been furnished by them. From the record, it transpires that a case under Sections 323, 324, 504 I. P. C. at P. S. Khekra, District Baghpat was registered at Crime No. 295 of 2006 against the applicants Raj Kumar and other. In pursuance of the bail order passed by the Court below, the applicants were released under above Sections on furnishing bail bonds. After investigation of the case, charge-sheet under Sections 323, 504, 324, 307, 452 I. P. C. has been submitted, on which cognizance has been taken by the C. J. M. , Baghpat. Similarly, a case under Sections 147, 148, 323, 504, I. P. C was registered at Crime No. 444-A of 2005 at P. S. Karanda, District Ghazipur against the applicants Dwarika Yadav and others. In pursuance of the bail order passed by the learned J. M. , Ghazipur, the applicants were released on their furnishing bail bonds. After investigation of the case, the charge-sheet under Sections 147, 148, 329, 504, 325 and 308 I. P. C. has been submitted on which cognizance has been taken by the Magistrate concerned. In the like manner, a case was registered at crime No. 367/2003 under Section 324 I. P. C. against the applicant Asif and others, who were released under this section on furnishing bail bonds in pursuance of the bail order passed by learned Magistrate, but charge-sheet has been submitted under Section 307 I. P. C. on which cognizance has been taken. A case under Sections 324, 323, 504, 506 I. P. C. at crime No. 779 of 2005 at P. S. Sungarhi, District Pilibhit was registered against the applicants Sunil Kumar Agarwal and Vikki, but the applicants moved bail application under Sections 324, 504, 506 I. P. C. which was allowed by J. M. Pilibhit on 21-6-2005 and in pursuance of that bail order, the applicants were released on furnishing the bail bonds. After investigation of the case, charge-sheet under Sections 324, 325, 326, 504, 506 I. P. C. has been submitted on which cognizance has been taken. It is prayed by the applicants in all the cases that without making surrender in the Court below, they be released on the same bail bonds under the added Sections or permitted to file fresh bonds. I have heard learned Counsel for the applicants and learned A. G. A. for the State.
(3.) IT was contended by the learned Counsel for the applicants that bail in the cases has already been granted by the Magistrate concerned and in pursuance of the bail orders, the applicants have been released, but since new Sections have been added in the charge-sheet, hence the applicants should be permitted to continue, on the same bail bonds and it is not necessary for them to surrender themselves before, the Court below. IT was further submitted by the learned Counsel for the applicants that direction can be issued by this Court to the Court below either to permit the applicants to continue on the same bail bonds or to accept fresh bail bonds. For these submissions, reliance has been placed on the case of Movin Ahmad v. Ist Additional Judicial Magistrate, Pratapgarh, 2001 (2) JIC 452 (All) (LB) : 2001 (43) ACC 1061, and orders dated 5-1-2007 and 1-5-2007 passed by Hon'ble V. K. Chaturvedi, J. in Criminal Misc. Application No. 151 of 2007 and by Hon'ble K. K. Misra, J. in Criminal Misc. Application No. 8813 of 2007 respectively. On the contrary, it was submitted by learned A. G. A. that the applicants are not entitled to continue on the same bail bonds or to furnish fresh bail bonds without making surrender in the Court below, because unless the bail is granted by passing fresh order under added Sections, the applicants have no right to file fresh bail bonds under these Sections. Drawing my attention towards 4th proviso to Section 437 (1) Cr. P. C. , it was further submitted by the learned A. G. A. that the applicants cannot be released on bail under Sections 307, 308 and 326 I. P. C. without giving an opportunity of hearing to the Public Prosecutor and hence the Court below cannot be directed by this Court to accept fresh bail bonds under the newly added Sections.;