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2007 (4) TMI 768 - SC - Indian LawsValidity of Bail granted already in offences u/s 324, 352 and 506 IPC - subsequently Offence converted into one u/s 304 IPC - Special leave filed against the Petition u/s 482 Cr.P.C. before the High Court seeking a direction to the CJM, to permit them to remain on same bail even after conversion of the offence into one u/s 304 IPC - HELD THAT:- Accused respondents could apply for bail afresh after the offence had been converted into one u/s 304 IPC. They deliberately did not do so and filed a petition u/s 482 Cr.P.C. in order to circumvent the procedure whereunder they would have been required to surrender as the bail application could be entertained and heard only if the accused were in custody. It is important to note that no order adverse to the accused respondents had been passed by any Court nor there was any miscarriage of justice or any illegality. In such circumstances, the High Court committed manifest error of law in entertaining a petition u/s 482 Cr.P.C. and issuing a direction to the subordinate court to accept the sureties and bail bonds for the offence u/s 304 IPC. The effect of the order passed by the High Court is that the accused after getting bail in an offence under Section 324, 352 and 506 IPC on the very day on which they were taken into custody, got an order of bail in their favour even after the injured had succumbed to his injuries and the case had been converted into one u/s 304 IPC without any Court examining the case on merits, as it stood after conversion of the offence. The procedure laid down for grant of bail u/s 439 Cr.P.C., though available to the accused respondents, having not been availed of, the exercise of power by the High Court u/s 482 Cr.P.C. is clearly illegal and the impugned order passed by it has to be set aside. learned Counsel for the appellant has submitted that charge u/s 302 IPC has been framed against the accused respondents by the trial court and some subsequent orders were passed by the High Court by which the accused were ordered to remain on bail for the offence u/s 302 r/w Section 34 IPC on furnishing fresh sureties and bail bounds only on the ground that they were on bail in the offence u/s 304 IPC. These orders also deserve to be set aside on the same ground. Thus, the appeal is allowed. The impugned order dated 1.7.2005 passed by the High Court and all other subsequent orders whereby the accused respondents were directed to remain on bail for the offence u/s 302 r/w Section 34 IPC on furnishing fresh sureties and bail bonds are set aside. The accused respondents shall be taken into custody forthwith. It is, however, made clear that it will be open to the accused respondents to apply for bail for the offences for which they are charged before the appropriate Court and in accordance with law.
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