Court No. - 8 Case :- U/S 482/378/407 No. - 1836 of 2010 Petitioner :- Lekh Ram And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Shaquiel Ahmad,Mohd. Tayyab Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicants and the learned AGA and
perused the record.
The learned counsel for the applicants submitted that initially the case was not
registered under section 308 IPC. The police added that offence in the charge
sheet. The applicants are already on bail in other offences. The learned
counsel for the applicants further submitted that neither at the stage of
committal nor any time after receipt of the record by the Sessions Court, the
applicants were ever required to furnish bail under section 308 IPC.
Keeping in view the facts and circumstances of the case, the petition under
section 482 CrPC is disposed of with the direction that if the applicants Lekh
Ram, Rajkishore, Gautam, Bhajan Lal, Prem Pati, Ramu, Fakira and
Dharmendra appear and apply for bail within one month from today, their bail
prayer under section 308 IPC shall be considered and disposed of by the
courts below in the light of the principles laid down in the case of Lal
Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
Till expiry of the aforesaid period of one month or appearance of the
accused in the court concerned, no coercive process shall be issued and
executed.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of.
Order Date :- 10.5.2010
RKSh