HAMIDA versus RASHID @ RASHEED AND ORS.

HAMIDA versus RASHID @ RASHEED AND ORS.

The High Court erred in exercising its inherent jurisdiction under Section 482 Cr.P.C. to direct that bail granted for offences under Sections 324, 352 and 506 IPC would enure to the benefit of the accused after conversion of the offence to Section 304 IPC; where specific statutory remedy exists (surrender and application under Section 439/appropriate provision), Section 482 cannot be used to circumvent the prescribed procedure. The impugned High Court order and subsequent orders granting/continuing bail are set aside and the accused are to be taken into custody forthwith, subject to their right to apply for bail before the appropriate court.

Parties
Appellant/complainant: Hamida (widow of Balla); Respondents/accused: Rashid @ Rasheed and Ors.
Jurisdiction
India
Judgment Date
27 April 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Order Disposing Petition Under Section 482 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Section 482 Cr.p.c., Section 439 Cr.p.c., Inherent Powers of High Court, Grant of Bail, Abuse of Process
Criminal Procedure Criminal Law Section 482 Cr.p.c. Section 439 Cr.p.c. Inherent Powers of High Court Grant of Bail Abuse of Process

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Parties

Hamida (widow of Balla)

Appellant/complainant

Rashid @ Rasheed and Ors.

Respondents/accused

Procedural Posture

Criminal Appeal / Appeal From High Court Order Disposing Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the High Court could exercise its inherent power under Section 482 Cr.P.C. to direct that bail granted for offences under Sections 324, 352 and 506 IPC would continue after conversion of the case to an offence under Section 304 IPC
  2. 2 Whether Section 482 Cr.P.C. can be invoked where a specific provision in the Code (Section 439/439/304/302 procedure) exists for grant of bail
  3. 3 Whether the High Court's exercise of Section 482 Cr.P.C. to permit accused to remain on bail after conversion of offence circumvented prescribed procedure

Ratio Decidendi

The High Court erred in exercising its inherent jurisdiction under Section 482 Cr.P.C. to direct that bail granted for offences under Sections 324, 352 and 506 IPC would enure to the benefit of the accused after conversion of the offence to Section 304 IPC; where specific statutory remedy exists (surrender and application under Section 439/appropriate provision), Section 482 cannot be used to circumvent the prescribed procedure. The impugned High Court order and subsequent orders granting/continuing bail are set aside and the accused are to be taken into custody forthwith, subject to their right to apply for bail before the appropriate court.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 01.07.2005 and all subsequent orders directing that the accused remain on bail for the offence under Section 302 read with Section 34 IPC are set aside
  • The accused respondents shall be taken into custody forthwith