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2011 Supreme(Gau) 626

I.A.ANSARI, A.K.GOSWAMI
Jibangshu Paul – Appellant
Versus
National Investigation Agency – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. B.K. Mahajan, Mr. A. Choudhury and Mr. N.J. Das
For Respondents/Defendant:Mr. Z. Kamar, PP & Mr. N. Dutta, Sr. Advocate

JUDGMENT

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 Inv

























































































































































































































































































































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