TaxTMI 
TaxTMI 
2007 (4) TMI 768
X X X X Extracts X X X X
X X X X Extracts X X X X
....ne under Section 304 IPC, if they furnished the requisite personal bonds and sureties before the concerned Court. 3. The appellant Hamida lodged an FIR at P.S. Kotwali, Muzaffarnagar at 00.10 hours on 13.6.2005 alleging that when her husband Balla was participating in a Panchayat of the Biradari (community) the four accused respondents lodged an attack upon him with licensed and illegal arms, exhorting that they would kill him. Naushad accused assaulted him with a 'chhuri' (long knife) due to which Balla received serious injuries. The other accused fired from their respective weapons and thereafter ran away from the scene of occurrence. On the basis of the FIR lodged by the appellant, a case was registered as Crime No. 792 of 2005 under Sections 324, 352 and 506 IPC at P.S. Kotwali, Muzaffarnagar. The injured Balla was rushed to the District Hospital, where he was medically examined at 11.10 p.m. on 12.6.2005. He had sustained serious stab wound in his abdomen from which loops of intestines were coming out. 4. Two accused respondents were arrested by the police and were produced before the learned Chief Judicial Magistrate on 13.6.2005 for the purpose of seeking remand. T....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he court concerned and furnish their personal bonds and two sureties each in the like amount to the satisfaction of the court concerned the same shall be accepted under Section 304 I.P.C. With these observations, the application is disposed of finally. 5. We have heard learned Counsel for the parties. The principal submission of learned Counsel for the appellant (complainant) is that the power under Section 482 Cr.P.C. could not have been exercised by the High Court in granting bail to the accused respondents as there is a specific provision in the Code of Criminal Procedure viz. Section 439 under which the accused could approach the appropriate Court for grant of bail to them. It has been further submitted that while exercising power under Section 482 Cr.P.C. the High Court has committed grave error in issuing the direction that the bail granted to the accused for an offence under Sections 324, 352 and 506 IPC will enure to their benefit even after conversion of the case which was registered against them into one under Section 304 IPC. The submission is that the accused respondents ought to have surrendered and after they had been taken into custody, they should have applied afr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s of any Court or otherwise to secure the ends of justice; (3) That it should not be exercised as against the express bar of law engrafted in any other provision of the Code. 8. In State v. Navjot Sandhu (2003) 6 SCC 641, after a review of large number of earlier decisions, it was held as under: 29. ...The inherent power is to be used only in cases where there is an abuse of the process of the Court or where interference is absolutely necessary for securing the ends of justice. The inherent power must be exercised very sparingly as cases which require interference would be few and far between. The most common case where inherent jurisdiction is generally exercised is where criminal proceedings are required to be quashed because they are initiated illegally, vexatiously or without jurisdiction. Most of the cases set out herein above fall in this category. It must be remembered that the inherent power is not to be resorted to if there is a specific provision in the Code or any other enactment for redress of the grievance of the aggrieved party. This power should not be exercised against an express bar of law engrafted in any other provision of the Criminal Procedure Code. This pow....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nce 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 under Section 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 under Section 439 Cr.P.C., though available to the accused respondents, having not been availed of, the exercise of power by the High Court under Section 482 Cr.P.C. is clearly illegal and the impugned order passed by it has to be set aside. 11. learned Counsel for the appellant has submitted that charge under Section 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 under Section 302 read with Section 34 IPC on furnishing fresh sureties and bail bounds only on the ground that they were on bail in the offence under Section 304 IPC. These orders also deserve to be set aside on the same ground. 12. In the result, the appeal is allowed. The impugned order dated....