OM WATI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. to quash the order dated 25-7-2005, whereby the learned Magistrate has passed the order for framing of the charges under Sections 452, 323, 504, 506 I. P. C. against the applicants.

(2.) I have heard learned Counsel for the applicants and the learned A. G. A.

(3.) THE learned Counsel for the applicant submitted in reply that in this case originally the F. I. R. was lodged under Sections 452, 504 and 506 I. P. C. as is apparent from Annexure-1, but the police after investigation submitted a charge-sheet under Sections 323, 504 and 506 I. P. C. only on 5-10-2005, and the applicants thereafter moved application for bail in respect of the above offences only which was allowed on 10-10-2005. He submitted that the offences under Sections 504 and 323 I. P. C. are bailable but the offence under Section 506 I. P. C. is not bailable and is punishable with imprisonment for seven years in case of threat to commit murder or grievous hurt. Similarly the offence under Section 452 I. P. C. is also not bailable and is punishable with imprisonment upto 7 years and under these circumstances, when the -accused applicants have already been granted bail for offences under Section 323, 504 and 506 I. P. C. and when the punishment which is provided under Section 452 I. P. C. is equal to the punishment provided under Section 506 I. P. C. , it will be in the interest of justice to avoid abuse of the process of the Court that the accused applicants, instead of being forced to surrender under Section 452 I. P. C. and then to apply for bail and thus facing the risk of being sent to jail under Section 452 I. P. C. till disposal of the bail application, but taking these facts into consideration that they have already been granted bail for the offence under Section 506 I. P. C. which is also not bailable and involves same punishment, and that the offences under Sections 323, 452, 504 and 506 I. P. C. were not separately committed, but were allegedly committed as a part of the same transaction should be permitted to move an application before the Magistrate for fixation of the amount of bail bonds for the offence under Section 452 I. P. C. and in compliance of the order on that application, they may be released on filing and acceptance of those fresh bail bonds by the Court.