H I GH COURT OF UTTA RAN CH A L AT TAL v. St at e of Ut t aranchal

com m it t ed to court of sessions. Feeling aggrieved by t he order passed by t he Magist rate, t he present pet it ion has been filed. 3 . Learned counsel for t he applicant s cont ended t hat t here is no prim a facie case against t he applicant s under sect ion 436/ 149 I PC. I t was furt her cont ended t hat t he learned Magistrat e has erred in holding t hat t here is a prim a facie case under sect ion 436149 in addit ion t o t he ot her charges. I t was furt her cont ended t hat t he applicant s were on bail under sect ions 147, 323, 324 I PC and as such t hey m ay be grant ed bail in t he subsequent sect ions wit hout filing fresh bail applicat ion. 4 . Perusal of t he record reveals t hat Gopal S/ o Adhir Sarkar has st at ed t hat t he accused had set fire to t he hut m ent of t he com plainant . However, t he ot her wit nesses have not corroborat ed t his version. The I .O. om it t ed t o subm it t he chargesheet under sect ion 436/ 149 I PC and t he m agistrat e has t aken t he charges on t he basis of t he st at em ent of t he above wit ness. Considering t he evidence, I feel t hat t he congnizance order requires no int erference. I t is m ade clear t hat t he accused applicant s can raise all t he pleas before t he Sessions Judge while fram ing t he charge t hat t he case is not m ade out and t he learned Session Judge aft er appreciat ion of evidence on record will pass an appropriat e order as to whet her t he chargesheet under sect ion 436/ 149 I PC is m ade out or not . 5 . Learned counsel for t he applicant s has relied upon a decision of Allahabad High Court in Ug r a se n Si n g h Vs. St a t e o f U.P. r e p o r t e d i n 1 9 9 3 ( 3 0 ) A CC p / 5 3 1 . Learned counsel for t he applicant s has also relied upon t he decision of t his Court in Ja m i l Vs. St a t e o f Ut t a r a n ch a l r e p o r t e d i n 2 0 0 5 ( 3 ) U.C. p / 1 6 9 8 . I n bot h t he decision, it has been held t hat if a person is once grant ed bail in t he m inor offences, he need not t o fresh bail applicat ion for grant of bail t he subsequent sect ions and he will rem ain on bail on earlier order.t he 6 . I n view of t he discussion, t he learned Magist rat e is direct ed t o perm it t he applicant s t o furnish fresh suret y bond wit hout requiring t hem to file fresh bail applicat ion. So far as t he pleas raised by t he learned counsel for t he applicant s regarding whet her t here is prim a facie case under sect ion 436/ 149 I PC is m ade out are concerned, t he applicant s will raise t hese pleas before t he court below at t he st age of fram ing of charge. 7 . The pet it ion is disposed of accordingly. ( J.C.S. Ra w a t , J.) Dat ed 01.05.2006 LSR