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Soti Lal Sonkar And Another vs State Of U.P. And 3 Others on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 28928 of 2019

Applicant :- Soti Lal Sonkar And Another

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Ashok Kumar Mishra,Ramji Singh Patel

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 11.01.2019 arising out of case crime no. 703 of 2018 as well as cognizance order dated 30.01.2019 and proceedings of Case No. 1645 of 2019 (State Vs. Baijnath Sonkar and others), under Sections 498A, Section323, Section304-B IPC and 3/4 D.P. Act, Police Station Shivpur, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi. It is also prayed that a direction may be issued to the Session Judge concern to grant the bail to the applicants in the same case crime no. 703 of 2018, under Sections 498A, Section323, Section304-B IPC and 3/4 D.P. Act, Police Station Shivpur, District Varanasi after taking the fresh bail bond.

It is submitted by the learned counsel for the applicants that on 24.10.2018 impugned FIR was lodged against the applicants as case crime no. 0703 of 2018, under Sections 498A, Section323, Section304B IPC and 3/4 D.P. Act at P.S. Shivpur, District Varanasi against the applicants. The Investigating Officer during investigation converted the case under Section 306 IPC on 17.11.2018. The Investigating Officer after investigation has submitted charge-sheet against present applicants for the offence under Sections 498A, Section323, Section304B IPC and 3/4 D.P. Act, on which, the Magistrate took cognizance on 30.1.2019.

Thereafter, the applicants have been granted bail on 03.12.2018 under Sections 306, Section498A IPC by Sessions Judge, Varanasi.

Lastly, learned counsel for the applicants after advancing his arguments at length gave up his challenge to the charge-sheet dated 11.1.2019 and submitted that since the applicant has already been granted bail in same case crime number, therefore, liberty should be given to him to furnish fresh bail bond under newly added section and suitable direction be issued to the court concerned to permit the applicant to remain on bail on furnishing fresh bail bond by the applicant to the satisfaction of the court concerned.

Per contra, learned Additional Government Advocate for the State/opposite party no.1 opposed the prayer of the applicants and submitted that there is no statutory provision under SectionCr.P.C. for permitting the accused to remain on bail under the newly added section only on furnishing fresh bail bond or or same bail bond.

Having considered the submissions advanced by learned cousnel for the parties, I am of the opinion that the prayer of the applicants made in the present application under Section 482 Cr.P.C. cannot be granted because in this case, nature of offence has been altered to and aggrivated from minor offence to major offence. It is well settled by the Apex Court in case of Prahlad Singh Bhathi Vs. N.C.T., Delhi and another 2001 (42) ACC 903 that with the change nature of the offence, the accused becomes dis-entitled to liberty granted to him or her in relation to minor offence, if the offence is altered for an aggravated crime. The Apex Court further held that in such case the accused shall apply the regular bail before the concerned trial court and the same shall be decided and disposed of on its merit keeping in view the proposition of law as laid down in the said judgment.

In view of above, relief as claimed by the applicants is hereby refused.

However, considering the facts and circumstances of the case, it is directed that in case applicants appear before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges’ decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

For the period of 30 days from today, no coercive action shall be taken against the applicants.

With the above observations, this application under Section 482 Cr.P.C. is disposed off.

Order Date :- 26.7.2019

AK Pandey

 

 

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