It was at this stage that the four accused respondents filed a petition under Section 482 Cr.
792 of 2005 under Sections 324, 352 and 506 IPC at P.S. Kotwali, Muzaffarnagar.
The other accused fired from their respective weapons and thereafter ran away from the scene of occurrence.
Subsequently, the remaining two accused were also released on bail.
The injured Balla was rushed to the District Hospital, where he was medically examined at 11.10 p.m. on 12.6.2005.
He accordingly passed an order on the same day i.e. 13.6.2005 granting bail to the accused Rashid and Arshad.
By the impugned order it was directed that the accused respondents, who had been initially granted bail in offences under Sections 324, 352 and 506 IPC by the Chief Judicial Magistrate, Muzaffarnagar, would companytinue to remain on bail even after the offence had been companyverted to one under Section 304 IPC, if they furnished the requisite personal bonds and sureties before the companycerned Court.
Balla succumbed to his injuries in the night intervening 16th and 17th of June, 2005.
Thereafter, the offence was companyverted into one under Section 304 IPC.
The accused also moved a bail application seeking bail in Case Crime No.792 of 2005 which had been registered against them.
He had sustained serious stab wound in his abdomen from which loops of intestines were companying out.
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.
Arising out of Special Leave Petition Crl.
No.4891of 2005 P. MATHUR, J. Leave granted.
Naushad accused assaulted him with a chhuri long knife due to which Balla received serious injuries.
On the basis of the FIR lodged by the appellant, a case was registered as Crime No.
The companyplainant appellant Hamida also put in appearance through a companynsel 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 companymitted by them was one under Section 307 IPC, but the police in companylusion with the accused had registered the case only under Sections 324, 352 and 506 IPC.
This appeal, by special leave, has been filed by the companyplainant Hamida widow of Balla against the judgment and order dated 1.7.2005 of Allahabad High Court, by which the petition under Section 482 Cr.
P.C. filed by the accused respondents herein was disposed of with certain directions.
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 companymunity the four accused respondents lodged an attack upon him with licensed and illegal arms, exhorting that they would kill him.
It was, however, made clear in the order that if the case was companyverted into a more serious offence, the accused would number get any benefit of the bail being granted to them.
