MAULANA ABID HASAN Vs. STATE OF U P

JUDGEMENT

(1.) VIJAY Kumar Verma, J. In this case, an application under Section 482 of the Code of Criminal Procedure (Cr. P. C. for short) has been moved, in which it is prayed that the Court below (Additional Chief Judicial Magistrate, Bijnor) be directed either to allow the applicant to remain on the same bail bonds as have been furnished on 14-7- 2006 before the police or to accept the fresh bail bonds in case crime No. 1288 of 2006 under Section 308/323/324/504 I. P. C. , P. S. Dhampur, District Bijnor.

(2.) THE facts leading to the filing of this application, in brief, are that a non-cognizable case under Sections 323, 324, 504 I. P. C. was registered at P. S. Dhampur (Bijnor) against the applicant and other persons on 5-7-2006 on the report of opposite party No. 2, Syeed Ahmed. THEreafter, Section 308 I. P. C. was also added and the case was registered at crime No. 1288 of 2006. THE applicant was arrested by the Investigating Officer on 14-7-2006 and he was granted bail in the Police Station on his executing a personal bond for Rs. 30,000/- and furnishing two sureties each in the like amount. Accordingly, the applicant executed his personal bond on the same day to appear in the Court or before the police as and when summoned. THE sureties Mohd. Aslam and Mohd. Arif executed joint surety bond to produce the applicant-accused in the Court or before the Police as and when summoned. After investigation, charge- sheet under Sections 308, 324, 323, 504 I. P. C. has been filed, on which cognizance has been taken by the Magistrate concerned and the accused persons including the applicant have been summoned. THE co- accused Shahid and Harshad have been granted bail by this Court vide order dated 19- 9-2006, but the applicant instead of appearing in the Court of Magistrate concerned has moved application under Section 482 Cr. P. C. with the prayer aforesaid.

(3.) IT was submitted by learned Counsel for the applicant that bail has already been granted to the applicant by the Investigating Officer on 14-7-2006 in the aforesaid case and after executing his personal bond and surety bond of the sureties, he was released and hence, the applicant is entitled to continue on the same bail bonds or at the most he may be asked to furnish fresh bail bonds for his appearance on future dates in the Court. IT was also submitted by learned Counsel for the applicant that it is not necessary for the applicant to surrender before the Magistrate concerned and apply for bail.