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2005 DIGILAW 436 (UTT)

Jamil of v. State of Uttaranchal

2005-10-05

B.C.KANDPAL

body2005
JUDGMENT B. C. Kandpal, J. This r application under Section 482 Cr.P.C. has been filed against the order dated 10.5.2005 passed by Learned 1st Additional Civil Judge (Jr. Division) Haridwar and also against the order dated 17.8.2005 passed by the Learned Sessions Judge Haridwar in case crime No. 151 of 2002 and case crime No. 285 of 2002 State versus Saleem and others. 2. Brief facts giving rise to this application are that a First Information Report was lodged on 12.7.2002 by opposite Party No.2 against petitioner No. 3 Nashim under Section 363/366 IPC. 3. The applicants/accused No. 1 and 2 were granted bail by the Learned Sessions Judge, Haridwar on 24.9.2002 and accused appellant No. 3 was granted bail by this Hon'ble High Court on 25.11.2002. 4. Thereafter the investigating Officer submitted charge sheet against all the applicants/accused and one Naseem under Section 366, 363, 369, 376 and 120B IPC. The learned 1st Additional civil Judge (Jr. Division) Haridwar vide order dated 10.5.2005 directed the applicants/accused to appear and move bail application under Section 376, 120 (B) IPC before' 19.5.2005. 5. The applicants/accused moved their bail application before the learned Sessions Judge, Haridwar and the learned Sessions Judge, Haridwar vide order dated 17.8.2005 rejected the bail application on the ground that the same is not maintainable without custody. 6. The applicants feeling aggrieved by the aforesaid order of the learned court below have approached this court by way of this application for direction to the court concerned to the affect that the applicants be released on the same bail application which they have already filed. 7. It is now well settled law that once the accused has been granted bail in a criminal case, he need not to file fresh bail application for grant of bail in another added section which though seems to be graver then the offence under which he was granted bail earlier. 8. I, therefore, allow the petition with the direction to the court concerned to permit the application to furnish fresh surety bond without requiring them to file fresh bail application. 9. The petition is accordingly disposed of.