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Judgment
Barkat Ali Zaidi, J.—Initially a case was registered against the applicant under Sections 323, 324 and 325, I.P.C. and the Investigation Officer released him on bail.
Thereafter, the case was converted under Sections 326 and 308, I.P.C. and the charge-sheet was filed under the aforesaid sections.
The accused have now come to this Court u/s 482, Cr. P.C. with the prayer that the directions be issued to the Magistrate to release them on personal bond as they were released earlier by the Investigating Officer on personal bonds.
The request has to be turned down because an application about this should have first been made to the Magistrate and thereafter if bail was refused, they could apply for bail before the sessions court. They have jumped all these courts and have come straight to the High Court, which is wholly erroneous procedure and the jurisdiction of the Court u/s 482, Cr. P.C. cannot be invoked in this manner.
Counsel for the applicant has referred to the case of Yaqoob and Ors. v. State of U.P. and another, (2001) SCC 735: 2001 (2) ACR 1761, but in this case, an application was made to the Magistrate and this case will not, therefore, support the contention of the applicant.
Petition dismissed.