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TMI Blog2007 (4) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... such circumstances, the High Court committed manifest error of law in entertaining a petition u/s 482 Cr.P.C. and issuing a direction to the subordinate court to accept the sureties and bail bonds for the offence u/s 304 IPC. The effect of the order passed by the High Court is that the accused after getting bail in an offence 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 u/s 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 u/s 439 Cr.P.C., though available to the accused respondents, having not been availed of, the exercise of power by the High Court u/s 482 Cr.P.C. is clearly illegal and the impugned order passed by it has to be set aside. learned Counsel for the appellant has submitted that charge u/s 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 u/s 302 r/w Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 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. The accused also moved a bail application seeking bail in Case Crime No. 792 of 2005 which had been registered against them. The complainant-appellant Hamida also put in appearance through a counsel and filed an affidavit stating that as a serious injury had been caused to the injured Balla and accused had resorted to firing, the offence committed by them was one under Section 307 IPC, but the police in collusion with the accused had registered the case only under Sections 324, 352 and 506 IPC. It was also submitted that on account of the serious injuries received by the injured Balla, he had been referred to the Medical College, Meerut, and the bail application should be heard after summoning the medical examination report. The learned CJM, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 afresh for bail in the offence under Section 304 IPC. 6. We are in agreement with the contention advanced on behalf of the complainant appellant. Section 482 Cr.P.C. saves the inherent powers of the High Court and its language is quite explicit when it says that nothing in the Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. A procedural Code, however exhaustive, cannot expressly provide for all time to come against all the cases or points that may possibly arise, and in order that justice may not suffer, it is necessary that every court must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use 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 power cannot be exercised as against an express bar in some other enactment. 9. In Arun Shankar Shukla v. State of U.P. 1999 CriLJ 3964 the High Court had entertained a petition under Section 482 Cr.P.C. after an order of conviction had been passed by the Sessions Judge and before the sentence had been awarded and further proceedings in the case had been stayed. In appeal this Court set aside the order of the High Court after reiterating the principle that it is well settled that inherent power is not to be invoked in respect of any matter covered by specific provisions of the Code or if its exercise would infringe any specific provision of the Code. It was further observed that the High Court overlooked the procedural law whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst 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 1.7.2005 passed by the High Court and all other subsequent orders whereby the accused respondents were directed to remain on bail for the offence under Section 302 read with Section 34 IPC on furnishing fresh sureties and bail bonds are set aside. The accused respondents shall be taken into custody forthwith. It is, however, made clear that it will be open to the accused respondents to apply for bail for the offences for which they are charged before the appropriate Court and in accordance with law. 13. Before parting with the case, we feel constrained to observe that in spite of repeated pronouncements of this Court that inherent power under Section 482 Cr.P.C. should be exercised sparingly with circumspection in r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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