Suresh Kumar Singh and ors. Vs. State of U.P. and anr.

Suresh Kumar Singh and ors. vs State of U.P. and anr.

Disposition Application dismissed Court Allahabad Decided Nov 24, 1995

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Citation: sooperkanoon.com/484936
Court: Allahabad High Court
Judge: Girdhar Malviya, J.
Decided On: Nov 24, 1995
Case Number: Crl. Misc. Case No. 633 of 1995
Subject: Criminal
Disposition: Application dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Application dismissed
Acts & sections: Indian Penal Code (IPC) - Sections 307 and 324; Code of Criminal Procedure (CrPC) , 1974 - Sections 437

Parties & Advocates

Appellant / Petitioner

Suresh Kumar Singh and ors.

Advocate R.S. Tiwari, Adv.

Respondent

State of U.P. and anr.

Advocate G.A.

Legal References

Acts: Indian Penal Code (IPC) - Sections 307 and 324; Code of Criminal Procedure (CrPC) , 1974 - Sections 437
Reported In: 1996CriLJ1527

Excerpt

- ordergirdhar malviya, j.1. heard learned counsel for the petitioners and perused the record.2. arguments raised by the learned counsel for the petitioners is that once the magistrate in a case under section 307, ipc has granted bail considering the offence to be only under section 324, ipc the sessions judge should not have entertained the application for cancellation of bail by treating it to be under section 307, ipc. the facts of this case that need to be mentioned is that in the incident giving rise to this case fire arm injuries were caused to the victim. section 307, ipc says that if by the act hurt is caused to any person the offender shall be liable either to imprisonment for life or to such punishment as mentioned in the section earlier. section 437, cr. p.c. visualises that the magistrate cannot grant bail in cases where there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. under section 307, ipc once injury is caused the offence may be ultimately found to be under section 307, ipc which may also be punishable with imprisonment for life. the analogy from section 324, ipc that an injury caused by a firearm may also amount to an offence under section 324, ipc is of no consequence at this stage. the bail has been granted by the magistrate treating the injury to be hardly amounting to an offence under section 324, ipc cannot be justified. there could have been no objection to the bail had it been granted to the applicants by the sessions judge, but such an exercise by the magistrate cannot be condoned.3. accordingly this application is dismissed.4. it will be open for the sessions judge to consider the bail application if it is moved by the applicants under section 307, ipc before him.

Full Judgment

ORDER

Girdhar Malviya, J.

1. Heard learned counsel for the petitioners and perused the record.

2. Arguments raised by the learned counsel for the petitioners is that once the Magistrate in a case under Section 307, IPC has granted bail considering the offence to be only under Section 324, IPC the Sessions Judge should not have entertained the application for cancellation of bail by treating it to be under Section 307, IPC. The facts of this case that need to be mentioned is that in the incident giving rise to this case fire arm injuries were caused to the victim. Section 307, IPC says that if by the act hurt is caused to any person the offender shall be liable either to imprisonment for life or to such punishment as mentioned in the Section earlier. Section 437, Cr. P.C. visualises that the Magistrate cannot grant bail in cases where there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. Under Section 307, IPC once injury is caused the offence may be ultimately found to be under Section 307, IPC which may also be punishable with imprisonment for life. The analogy from Section 324, IPC that an injury caused by a firearm may also amount to an offence under Section 324, IPC is of no consequence at this stage. The bail has been granted by the Magistrate treating the injury to be hardly amounting to an offence under Section 324, IPC cannot be justified. There could have been no objection to the bail had it been granted to the applicants by the Sessions Judge, but such an exercise by the Magistrate cannot be condoned.

3. Accordingly this application is dismissed.

4. It will be open for the Sessions Judge to consider the bail application if it is moved by the applicants Under Section 307, IPC before him.

Same Court & Year Allahabad · 1995 Same Parties Suresh Kumar Singh and ors. vs State of U.P. and anr. Same Subject Criminal Same Judge Girdhar Malviya, J. Acts & Sections Indian Penal Code (IPC) - Sections 307 and 324; Code of Crimi...

Criminal