Judgment : An FIR was lodged against the applicants for the offences punishable under Sections 452, 323, 504, 506 of IPC. After the investigation, a charge-sheet was submitted against the accused-applicants in respect of offences punishable under Sections 323, 504, 506 of IPC. 2) Applicants surrendered before learned Magistrate and obtained bail. They, accordingly, filed their bail bonds. There after, a supplementary charge-sheet with the addition of Section 452 of IPC was submitted by the subsequent Investigating Officer. 3) The innocuous prayer of learned counsel for the applicants is that learned Judicial Magistrate may be directed to release the applicants on bail on same bonds, which were produced by them at the time of their enlargement on bail, earlier on 22.03.2013, in case crime no. 69 of 2013, under Sections 323, 504, 506 of IPC, relating to police station, Kotwali, Roorkee, District Haridwar. 4) There is sense in the argument of learned counsel for the applicants. When the bail was granted to the applicants by learned Judicial Magistrate, the ingredients of Section 452 of IPC were already there before him, at the time of granting bail. In other words, learned Judicial Magistrate was conscious of the fact that an offence punishable under Section 452 of IPC was also made out against the applicants, as is evident from a bare reading of the FIR. Otherwise also, it does not matter much if a supplementary charge-sheet with the inclusion of offence punishable under Section 452 of IPC is filed by the subsequent Investigating Officer against the applicants. It was specifically mentioned in the FIR, on the basis of which the applicants were granted bail earlier, that the applicants assaulted the brother of the informant inside the house also. 5) In support of his contention, learned counsel for the applicants placed reliance upon the pronouncement of Hon’ble High Court of Judicature at Allahabad given in the case of Raj Kumar vs State of U.P., 2005 (51) ACC 133 and proposition of law given by this High Court in the matters of Jamil vs State of Uttaranchal, 2005 (3) UC 1698 and Subhash and others vs State of Uttarakhand and another, 2009 (2) U.D. 656 . 6) Application under Section 482 of Cr.P.C. is allowed.
6) Application under Section 482 of Cr.P.C. is allowed. It is provided that learned Judicial Magistrate, Roorkee shall permit the applicants to file personal bonds and surety bonds for the offence punishable under Section 452 of IPC, without insisting upon the applicants to surrender before the said court. 7) It appears to be somewhat an unorthodox order, not being passed ordinarily, but the same has strength of aforesaid judgments rendered by Hon’ble High Court of Judicature at Allahabad and this High Court. Necessity is the mother of invention. Exceptional orders are required to be passed to meet exceptional situations, as in the instant case, in which the Investigating Officer, after filing a charge-sheet chose to file supplementary charge-sheet against the same accused with the addition of a penal section, which was already there in the FIR, on the basis of which the bail was granted to the accused-applicants.