HAJI MOHD WASIM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition under S.482, Cr.P.C. the petitoners have challenged the order dated 22-10-90 passed by the Chief Judicial, Magistrate, Rae Bareli inCase No. 1174 of 1990. By means of the said order, the application moved on behalf of the petitioners for exemption of their attendance was rejected and an order was passed for issue of non bailable warrants against the petitioners.

(2.) It appears that F.I.R. had been lodged against the petitioner accused-persons under Sections 147, 323, 324, 336, 307 and 426, I.P.C. at Police Station, Nasirabad, District Rae Bareli. It also appears that the accused petitioners were granted bail at the Police Station by Officer in charge. Thereafter, it appears that a charge-sheet was submitted. On the date fixed, an application was moved before the Magistrate to the effect that the petitioner, accused-persons, were on bail and, were putting in appearance through their counsel. They also prayed for exemption of their personal appearance on that date. It was also pleaded in the application that the applicants were not required to seek further bail as they continued to be on bail as granted by the Police Officer in charge of the Police Station, even though the cognizance of the case was taken by the Court of the Judicial Magistrate. This application was rejected by the learned Magistrate and it was observed that it appeared that the accused applicants were under some misconception that they were not required to obtain bail from the Court since they had already been released on bail by the Police Officer-in charge. With the above observations the learned Magistrate rejected the application praying for exemption and ordered for issue of non-bailable warrants for securing their attendance.

(3.) The main contention of the learned counsel for the petitioner is that once they have been granted bail by a Police Officer, they are entitled to remain on bail all through up to the trial of the case and under the law they were not required to obtain a fresh bail order from the Court. It was submitted that merely for the fact that the Court of the Magistrate had taken cognizance of the offence on filing of the charge sheet by the Police does not mean that bail granted by the Police Officer-in charge would come to an end. In this connection Section 437, Cr.P.C. has been pressed into service. Relevant sub-sections relied upon read as follows:-