Advocates Appeared:
For Appellant(s) : Mr. Abhinav Mukerji, AOR Ms. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv. Mr. Siddharth Garg, Adv. Ms. Purnima Krishna, Adv.
For Respondent(s): Mr. Tapesh Kumar Singh, AOR Mr. Aditya Pratap Singh, Adv. Mr. B. V. Balaram Das, AOR

What is the legal standard for arresting or remanding an accused bailed out when new offences are added? What is the status and legality of re-registering an FIR under the NIA Act when scheduled offences are investigated by NIA? What is the correct remand provision applicable when cognizance has been taken and the accused is in custody or already in jail, in the context of added offences?

Key Points: - The Court holds that after adding new offences to a bailled accused, the court may arrest/remand without cancelling the original bail, under CrPC sections 437(5) and 439(2) (paras 21, 28-29) (!) (!) (!) - It clarifies that re-registration of an FIR under the NIA Act upon Central Government direction is not a "second FIR" but a re-registration to facilitate NIA investigation and supplementary reporting (paras 41-44) (!) (!) (!) - The remand in this case was upheld as under 309(2) CrPC (not 167(2)) since cognizance had already been taken and the accused was produced by production warrant; non-mention of the exact provision is inconsequential when the Court’s power is clear (paras 65-66) (!) (!) - The judgment emphasizes that Section 173(8) CrPC allows ongoing investigation and supplementary reports even after a final report, and that further investigation in respect of scheduled offences is permissible when directed by the Central Government (paras 44-46) (!) (!) (!) - The NIA has jurisdiction to continue investigation and file supplementary charges when scheduled offences are involved, per the Central Government’s order and NIA Act provisions (paras 38-45, 41-43) (!) (!) (!) (!) (!) (!)

What is the legal standard for arresting or remanding an accused bailed out when new offences are added?

What is the status and legality of re-registering an FIR under the NIA Act when scheduled offences are investigated by NIA?

What is the correct remand provision applicable when cognizance has been taken and the accused is in custody or already in jail, in the context of added offences?