KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. B. Agarwal, J. Heard Sri D. K. Singh, Somwanshi, learned Counsel for the petitioners and Sri A. K. Yadav, learned A. G. A.

(2.) THIS petition has been moved for a direction to the Judicial Magistrate Mohammadi, District Lakhimpur Kheri to accept the fresh bail bonds in Crime No. 164 of 2005 relating to Criminal Case No. 570 of 2005 under Section 308 I. P. C. , Police Station Mohammadi District Lakhimpur Kheri. On the basis of the report lodged by the complainant in the case, after inquiry, the Investigating Officer converted the case under Section 308 I. P. C. Initially, the case was registered under Sections 325, 323, 504, 506 I. P. C. Since all the offences were bailable prior to the submission of the charge-sheet under Section 308 I. P. C. , therefore, the learned Magistrate released the petitioners on bail on furnishing bail bonds of Rs. 10,000/-and two sureties each in the like amount. After submission of the charge-sheet under Section 308 I. P. C. instead of moving any application before the Magistrate for accepting the same bail bonds under Section 308 I. P. C. as they have already been granted bail in view of the law laid down reported in 2001 (1) JIC 463 (All) : ACC 2001 page 260, Lal Mani & Ors. v. State of U. P. & Ors. , they have moved this petition under Section 482 Cr. P. C.