Bail initially granted for bailable offences cancelled as Section 308 IPC added, Court allows extension for surrender due to family commitments.
In a significant judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has cancelled the bail of Dinesh and others, initially granted for bailable offences, after the addition of more severe charges under Section 308 of the Indian Penal Code (IPC). The court concluded that the benefit of bail could not continue with the addition of graver, non-bailable offences.
The case, S.B. Criminal Miscellaneous (Petition) No. 4168 of 2024, involved the accused being initially charged under Sections 143, 323, 324, 341, 325, and 504 IPC, following an incident on November 20, 2022. The injuries were initially considered non-grievous, leading to bail being granted by the Investigating Officer. However, further medical examinations revealed more severe injuries, prompting the addition of Section 308 IPC to the charges.
The court noted that the injured, Mohan Singh, had sustained multiple injuries, including three incise wounds on the head. Despite a direction for re-examination by a medical board, Singh did not comply, and the Investigating Officer later revised the charges to include Section 308 IPC. The State, through the Public Prosecutor, successfully petitioned for the cancellation of bail.
Justice Dhand referenced prior judgments, including Abdul Gafoor v. State of Rajasthan, reinforcing the legal position that bail granted under bailable offences cannot persist when graver offences are subsequently added. The court found no fault in the Special Judge's decision to cancel the bail, aligning with established legal principles.
In a compassionate move, the court granted the petitioners an extension to surrender due to a family marriage, allowing them until January 2, 2026, to present themselves before the trial court. The court also directed that any regular bail application be considered expeditiously.
Bottom Line:
The benefit of bail granted to an accused under bailable offences is liable to be canceled upon the addition of graver and non-bailable offences during the course of investigation.
Statutory provision(s): Section 439(2) CrPC, Section 308 IPC, Sections 143, 323, 324, 341, 325, 504 IPC, Section 34 IPC.
Dinesh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2837439
