Raj Kumar and Others vs State of U.P. and Another

Amar Saran, J.—Heard learned counsel for the revisionists and the learned A.G.A. appearing for the State.

In this case, the revisionists were initially charge-sheeted under Sections 323: 504: 506, I.P.C. in Case Crime No. 731-A of 2001, but later a charge has been framed against them also u/s 307, I.P.C. It is contended by the learned counsel for the revisionists that the said application has been made by way of counter-blast to a charge-sheet, which was submitted against the opposite party No. 2 and others at the instance of the revisionists under Sections 308: 323: 504 and 506, I.P.C.

Learned counsel for the revisionists has confined his prayer to the effect that the revisionists be permitted to continue on the same bail subject to their furnishing fresh bail bonds to the satisfaction of the Magistrate concerned. Although by order of the Additional District Judge (Fast Track Court No. 5), Saharanpur dated 21-10-2004 the charge is to be framed in this case u/s 307, I.P.C. however, as the allegations were that the fire that was made by the accused did not cause any injury to the victim, hence for this offence u/s 307, I.P.C., the maximum punishment is only up to 10 years R.I. as a punishment, up to imprisonment for life is provided only when "hurt is caused to any person by such act." This is not the allegation in the present case.

Now Section 437(1)(i) restrains the Court other than High Court, or Court of Sessions (i.e. the Magistrate) from granting bail only in those cases, where a reasonable ground appears for believing that a person is guilty of an offence punishable with death or imprisonment for life. In this view of the matter, there is no fetter on the Magistrate''s right to grant bail in this case and the decision of the Apex Court in Prahlad Singh Bhati Vs. N.C.T. Delhi and Another, , does not come in the way of this Court permitting the revisionists to continue on the earlier bail granted to them by the Magistrate. Accordingly, this revision is allowed to this extent and the revisionists are permitted to continue to remain on bail also u/s 307, I.P.C., provided they furnish fresh bail bonds with sureties to the satisfaction of the Court concerned.

The revision is disposed of as above.