AIR 2019 SUPREME COURT 3193 ::AIR 2019 SC (Criminal) 1138 ::AIROnline 2019 SC 397 ::(2019) 3 CriLR(Raj) 807 ::(2019) 3 AllCriR 2574 ::(2019) 3 RecCriR 538 ::(2019) 9 Scale 120 ::(2019) 2 ALD(CRL) 453 ::2019 CriLR(SC MAH GUJ) 807

Supreme Court Of India

: AIROnline 2019 SC 397 (From: Jharkhand)

Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

(A) Criminal P.C. (2 of 1974) , S.437(5), S.439(2), S.482— Bail - Addition of new offences - Procedure to be adopted enumerated. Penal Code (45 of 1860) , S.414, S.384, S.386, S.387, 120B— Arms Act (54 of 1959) , S.25(1B)(a), S.26, S.35— Criminal Law (Amendment) Act (14 of 1908) , S.17(1), S.17(2)— Unlawful Activities (Prevention) Act (37 of 1967) , S.16, S.17, S.20, S.23— 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 u/S. 437(5) or 439(2) of Cr.P.C. for arrest of the accused and his custody. (iii)The Court, in exercise of power u/S. 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 u/S. 437(5) as well as S. 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 offenc....