Court No. - 54 Case :- APPLICATION U/S 482 No. - 1912 of 2010 Petitioner :- Shahnawaz Alam Respondent :- State Of U.P. Petitioner Counsel :- Ankur Tandon Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to issue a suitable
direction to the court concerned to accept the fresh bail bonds
under the added section 414 IPC in case crime no. Nil of 2009,
P.S. Rail Bazar, District Kanpur Nagar pending the C.M.M.
Kanpur Nagar.
It is contended by learned counsel for the applicant that in the
present case the applicant were released on bail under
sections 41, 411 IPC and he has not misused the liberty of bail
but subsequently the chargesheet has been submitted under
section 414 IPC. The applicant is ready to furnish fresh bail
bonds under the added section also.
In reply of the above contention it is submitted by learned
A.G.A. that after submission of the chargesheet under section
414 IPC the nature of the offence has been changed, therefore
no order for accepting the fresh bails bonds under section 414
IPC may be passed.
Considering the submissions made by learned counsel for the
applicant, I am of the view that after submission of the
chargesheet under section 414 IPC, the nature of offence has
been changed, therefore, prayer for accepting the fresh bail
bonds can not be passed, such prayer is refused.
However, it is directed that in case applicants appear before the
court concerned within 20 days from today and apply for bail
under section 414 IPC and furnish the fresh bail bonds under
the added section to the satisfaction of the court concerned, the
same shall be accepted by the courts below.
With this direction, this application is finally disposed of.
Order Date :- 1.2.2010
RPD