- (1.) S. Rafat Alam, J. Heard learned Counsel for the applicants and learned A. G. A.
(2.) AS agreed to by them this applica tion is being disposed of finally at this stage without inviting any counter-affidavit. The applicants were involved in case crime No. 72 of 98, under Sections 498-A and 3/4 D. P. Act, P. S. Gazalderi, Saharanpur. They were arrested in the aforesaid case but subsequently released on bail by the learned Magistrate. How ever, after submission of the charge-sheet an application was moved by the I. O. on 3-11-98 to convert the case into one under Section 304-B, I. P. C. and to permit the I. O. further investigation in the matter. Learned Magistrate by its order dated 5-11-1998 allowed the application. By the present application the applicants made a prayer that the learned Magistrate be directed to allow the applicants to remain on bail and to accept their fresh bail bonds for the offence under Section 304-B, I. P. C. In my view since the applicants were granted bail on the same facts by the learned Magistrate, therefore, it would be just and proper that they may be allowed the continue on bail on their furnishing fresh bail bonds for the newly added Sec tion 304-B, IPC. In that view of the matter the learned C. J. M. Saharanpur is directed to accept fresh bail bonds in offence under Section 304-B, I. P. C. and permit the ap plicants to be on bail if they furnish fresh bail bonds.
(3.) THE application is accordingly dis posed of with the aforesaid direction. Let certified copy of this order be given to the learned Counsel for the ap plicants on payment of usual charges within three days. Application disposed of. .;