Sumer Chand and Others vs State of U.P. and Another

S. Rafat Alam, J.—Heard learned Counsel for the applicants and learned A.G.A.

As agreed to by them this application is being disposed of finally at this stage without inviting any counter-affidavit.

The applicants were involved in Case Crime No. 72 of 1998, under Sections 498A 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. However, after submission of the charge-sheet an application was moved by the I.O. on 3.11.1998 to convert the case into one u/s 304B. 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 u/s 304B, 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 to continue on bail on their furnishing fresh bail bonds for the newly added Section 304B, I.P.C. In that view of the matter the learned C.J.M., Saharanpur is directed to accept fresh bail bonds in offence u/s 304B, I.P.C. and permit the applicants to be on bail if they furnish fresh bail bonds.

The application is accordingly disposed of with the aforesaid direction.

Let certified copy of this order be given to the learned Counsel for the applicants on payment of usual charges within three days.