9911796707
TMI Blog2002 (9) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... lodged an FIR at Sadar P.S. Agra on the basis of which case crime No. 419 of 2000 under Sections 304B and 498A, I.P.C. and Section 3/4 of Dowry Prohibition Act was registered. The police after investigation laid charge sheet only against Khem Karan, husband of the Narayani Devi, the deceased. After commitment, the case was transferred to the Additional District Judge, Agra for disposal in accordance with law. In course of trial, the prosecution examined some witnesses who in their evidence implicated the petitioners in the alleged incident. In view of such evidence, the trial Judge in exercise of power conferred by Section 319 of the Code arraigned them as accused and directed for issuance of process for their appearance. Legality and corre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re not charge sheeted by the police to face the trial and it was the Court who added them as accused, they are not required to seek for release on bail and on their appearance in response to the summons it is incumbent upon the Court to accept bonds with or without sureties. In support of the aforesaid contention, reliance was placed on a decision of this Court in the case of Chandra Pal Singh v. State of U.P. 1991 All Cri 228 : (1991 All LJ 624) and of the Supreme Court in the case of P. V. Narasimha Rao v. State of (CBI/ SPE); 1996 (2) JIC 1356 (SC). 3. The aforesaid submission has been seriously challenged by the learned Additional Government Advocate. He submits that on appearance of the petitioners in response to summons/notice, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction of the Court, he will be deemed to be in judicial custody and in his case provision of bail as provided in the Code also applies. These are the basic principles of criminal law. 5. There cannot be two separate laws one for the accused against whom police submitted charge-sheet and the other who was dropped from the array of the accused by the police but has been added by Court's order under Section 319 of the Code. Suppose in a case where the police in spite of there being sufficient materials did not file charge-sheet against a person for oblique motive and the Court on the basis of the evidence adduced during trial added him as accused, can it be said that since the police had given him a clean chit and it was by judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lodge him behind the bar. This will create an impression in the minds of the general public that the police are more powerful than the law. In the decision in Chandra Pal Singh (1991 All LJ 624) (supra) on which reliance was placed by the counsel for the petitioners, the question for consideration was whether the order arraying the petitioners of the said case as accused under Section 319 was legally sustainable. The Court while not interfering with the order of the trial Court made reference to sub-sections (2) and (3) of Section 319 and Section 88 of the Code and observed that the Court can resort to later provision and 'bind down the added accused with personal bonds with or without sureties' and accordingly, directed the Court b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for proceeding against him. So when the liberty was given to the petitioner to raise the question of absence of evidence for taking resort to Section 319, the Court exempted personal appearance of the petitioner.
8. Regard being had to the facts and circumstances of the case and the nature and gravity of the offence. I would hold that Section 88 of the Code cannot come to the aid of the petitioners and the Court below cannot be asked to let them off on taking bonds with or without sureties.
9. In the result, criminal misc. application fails and the same is dismissed. Learned trial Judge is directed to take steps in accordance with law to apprehend the petitioners if they or any of them have not entered appearance. X X X X Extracts X X X X X X X X Extracts X X X X
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