MOVIN AHMAD Vs. FIRST ADDITIONAL JUDICIAL MAGISTRATE PRATAPGARH

JUDGEMENT

(1.) BHAGWAN Din, J. Heard Shri Ashok Kumar Srivastava, the learned Counsel appearing for the petitioner and the learned Additional Government Advo cate.

(2.) IT is submitted by the learned Counsel appearing for the petitioner/ap plicant that a criminal case was registered vide case Crime No. 11/2000 under Sec tions 323, 324, 504 and 506 IPC at P. S. Mandhata, District Pratapgarh. In the course of the investigation, the applicant surrendered in the Court and moved an application for bail. The learned Magistrate was pleased to gram him bail. After completion of the investigation, the Investigating Officer submitted a charge-sheet under Sections 323, 324, 308, 504 and 506 IPC On submission of the charge-sheet, the learned Magistrate issued non-bailable warrant of arrest against the ap plicant. Hence, he moved this application for quashing the order issuing non-bail able warrant and also for a direction to the 1st A. C. J. M. , Pratapgarh to release him on the same bail bonds which he filed on 17-2-2001 or on fresh bail bonds.

(3.) IT is not well-settled that in case the accused has been granted bail in a case he is not required to apply for bail, again on the conversion of the offence into a non-bailable offence or the cases specially triable by the Court of Sessions. Recently, the Hon'ble Supreme Court has held that where the conversion of the offence is from simple to severe, the accused has to sur render and the above rule shall not be applied. The Hon'ble Supreme Court held so in a case where an offence under Section 307 IPC was registered, later on the death of the injured the case was converted into an offence punishable under Section 302 IPC. In this case initially the application was granted bail under Sections 303, 324, 504, 506 IPC which is now converted under Section 308 IPC. The offence no doubt is graver in the sense of the nature of the injuries and the imprisonment to be awarded but not a serious one. Therefore, the applicant may be directed to furnish fresh bail bonds without asking him to apply for bail. In this case since the non-bailable warrant of arrest has been issued the applicant will surrender in the Court and pray for furnishing fresh bail bonds to the satisfaction of the Court concerned.