I.A.ANSARI, A.K.GOSWAMI
Jibangshu Paul – Appellant
Versus
National Investigation Agency – Respondent
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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State v. Capt. Jagjit Singh (1962) 3 SCR 622
State of UP (through CBI) v. Amarmani Tripathi (2005) 8 SCC 21
Gurcharan Singh v. State (Delhi Admn.) (1978) 1 SCC 118:1978 SCC (Cri)41:AIR 1978 SC 179
Kalyan Chandra Sarkar v. Rajesh Ranjan (2004) 7 SCC 528:2004 SCC (Cri) 1977 SCC
Ram Govind Upadhyay v. Sudarshan Singh (2002) 3 SCC 598:2002 SCC (Cri) 688
Puran v. Rambilas (2001) 6 SCC 338:2001 SCC (Cri) 1124:SCC p. 344
Vaman Narain Ghiya v. State of Rajasthan (2009) 2 SCC 281
Dolat Ram v. State of Haryana (1995) 1 SCC 349
A. R. Antulay v. R. S. Nayak (1984) 2 SCC 500
Usmanbhai Dawoodbhai Memon v. State of Gujarat (1988) 2 SCC 271
State of Gujarat v. Salimbhai Abdulg-affar Shaikh and Ors (2003) 8 SCC 50
Union of India v. Thamisharasi and Ors. (1995) 4 SCC 190
Marlin Burn Ltd. v. R.N. Banerjee 1958 SCR 514 at p. 530 AIR 1958 SC 79
The Management of the Bangalore Woollen Cotton and Silk Mills Co. Ltd. v. B. Dasappa
State of Gujarat v. Gadhvi Rambhai Nathabai (1994)5 SCC 111
Union of India v. Shiv Shankar Kesari (2007) 7 SCC 798
Mithabhai Pashabhai Patel and Ors. v. State of Gujarat (2009) 6 SCC 332
Central Bureau of Investigation, Special Investigation Cell I
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