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2014 Supreme(Del) 3176

S.MURALIDHAR
Abhay Singh Yadav – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates:
For the Petitioner:Mr. Manjit Singh Chauhan, Advocate.
For the Respondent: Mr. Rajat Katyal, APP. Inspector Sube Singh and SI Vijay Pal, P.S. Sagar Pur.
Mr. Shanti Prakash, Advocate for the Complainant.

JUDGMENT :

S. Muralidhar, J.:--

1. This is an application under Section 438 Cr PC seeking anticipatory bail in FIR No. 14 of 2014 registered at Police Station (‘PS’) Sagar Pur under Sections 307/302/34 IPC.

2. This order should be read as a continuation of the previous order passed by the Court on 15th October 2014 which sets out the facts in detail.

3. Initially, the Petitioner was arrested from his house on 13th January 2014. He was released on bail by this Court by an order dated 21st February 2014. At that stage the case was still one under Section 307/34 IPC.

4. The subsequent event was that as a result of the burn injuries suffered by the daughter-in-law of the Petitioner, she expired on 2nd July 2014 while undergoing treatment in the hospital. Thereafter, Section 302 IPC was added.

5. As noticed in the previous order dated 15th October 2014, the question that arose was whether the police can re-arrest the Petitioner as a result of Section 302 IPC having been added, without seeking cancellation of the regular bail granted by the Court by its order dated 21st February 2014.

6. Learned counsel for the Petitioner has placed reliance on a number of judgments of the High Courts to urge t












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