I.A. Ansari, J.

1. (1) In a case registered by the police against an accused on the basis of First Information Report, whether bail can be granted to the accused in respect of the case, as a whole, or offence-wise ?

(2) During the course of investigation of a case, or while filing the charge-sheet, when a penal Section is added to the offence(s), whereunder the case already stands registered, whether the accused is required to apply afresh for being allowed to go on bail in respect of the newly added penal Section and, if so, whether the application for such a bail would mean that the accused has surrendered himself to the jurisdiction of the Court, wherein he has applied for bail, and may or may not, therefore, be allowed to go on bail if the added offence (Penal Section) is non-bailable and the facts and circumstances of the case do not warrant release of the accused on bail in case of such an offence ?

(3) Whether cancellation of earlier bail is necessary if the Court finds that it lacks jurisdiction to grant bail in respect of the subsequently added penal Section ?

(4) In the event of addition of a penal Section to a case, as indicated hereinabove, is it the duty of the Investigating Officer to inform the Court, which had granted bail to the accused, or on whose order, the accused stood released on bail, as regards the addition of the penal Section, providing him thereby with an opportunity to apply for bail in respect of the added penal Section, or, whether the police can arrest such an accused on the basis of the newly added penal Section without informing the Court, which had granted bail to the accused, or without giving any opportunity to the accused, who was already on bail, to apply to the Court for bail in respect of the penal Section, which stands subsequently added in such a case, or whether the accused needs to be informed, in such a case, as regards the addition of the penal Section, so that the accused can, in respect of the added penal Section, apply for bail ?

(5) Whether the nature of the newly added penal Section shall have any bearing on the Court's decision to grant or not to grant bail and how the Court shall decide, in a case of such a nature, the question of granting or not granting of bail?

(6) What are the parameters for determination of the question as to whether the added penal Section is graver than the ones in respect whereof, the accused already stands granted bail ?

(7) What are, generally, the parameters of power of a Court, while granting bail in a non-bailable offence ?

(8) Whether the cancellation of bail is permissible in law only when the accused violates the conditions of bail, or whether bail is also possible to be cancelled, when the Magistrate, who has granted bail, or the Court, which has allowed the accused to go on bail, finds that he or it lacked jurisdiction to grant bail?

(9) How Section 167(2) CrPC differs from the provisions embodied in Section 309(2) CrPC ?

These are some of the prominent questions, which have arisen, in the present appeal, for determination.

2. This appeal, under Section 21 of the National Investigation Agency Act, 2008, (for short, the NIA Act'), is preferred against the orders, dated 20.02.2010 and 03.01.2011, passed by the learned Special Judge, National Investigation Agency (in short, 'the NIA') in NIA Case No. 02/2009, under Sections 120(B)/121/121A of the Indian Penal Code, 1860, read with added Sections 16,17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967, (for short, the UA (P) Act), rejecting the prayer of the appellant to allow him to remain on previous bail and directing that he be taken into custody forthwith.

3. The material facts and various stages, which have led to the present appeal, may, in brief, be set out as under:

(i) One Ratneswar Das, Sub-Inspector of Police, filed an Ejahar before the Officer-in-Charge, Diyungmukh Police Station, North Cachar Hills, stating, inter alia, that an information was received from high-level s