Satnam Singh @ Dabbu And ORS v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision: 20.04.2021 Satnam Singh @ Dhabbu and others
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Narinder Lucky, Advocate, for the petitioners. Mr. S.S. Deol, DAG, Punjab.
Mr. Gurbir Singh, Advocate, for the complainant. ***** AMOL RATTAN SINGH, J. (Oral) By this petition, filed under the provisions of Section 438 of the Cr.P.C, the petitioners seek the concession of anticipatory bail, upon FIR no.472, dated 05.12.2020, having been registered at Police Station City Barnala, alleging therein the commission of offences punishable under the provisions of Sections 451, 323, 148 and 149 of the IPC, with Sections 325 and 459 thereof added subsequently in the FIR.
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-2- "In view of the foregoing discussions, we arrive at following conclusions in respect of a circumstance where after grant of bail to an accused, further cognizable and non-bailable offences are added:- (i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested. (ii) The investigating agency can seek order from the court under Section 437(5) or 439(2) of Cr.P.C. for arrest of the accused and his custody.
(iii) The Court, in exercise of power under Section 437(5) or 439(2) of Cr.P.C., can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.
(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail."
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+ + 20.04.2021 (AMOL RATTAN SINGH) vcgarg JUDGE