Back
(RAJASTHAN HIGH COURT)
(JAIPUR BENCH)
RAGHUVENDRA S. RATHORE, J.
Mool Chand alias Murli & Anr. – Appellant
Vs.
Station House Officer, Police Station Renewal. Jaipur & Ors. - Respondent
S. B. Cri. Misc. Petn. No. 1781 of 2008
Decided on :- 27-2-2009.
Bail Cancellation - Criminal Procedure - Section 439(2) Cr. P.C. - Sections 143, 341, 323, 447, 379, 302, IPC - Section 437(5) Cr. P.C. - Section 439(2) Cr. P.C. - [Summary of Acts and Sections: The court discussed the cancellation of bail under Section 439(2) of the Criminal Procedure Code and the offences under Sections 143, 341, 323, 447, 379, and 302 of the Indian Penal Code. It also referenced the application under Section 437(5) and Section 439(2) of the Cr. P.C. The court analyzed the legal principles related to the cancellation of bail and the power of the police to conduct further investigation under Section 173(8) Cr. P.C. and the implications of altering the nature of the offence on the grant of bail.]
Fact of the Case:
The petitioners sought to challenge the order cancelling their bail granted in FIR No. 138/2008, Police Station Renwal, District Jaipur. The prosecution filed an application for cancellation of bail on the ground that further investigation was required after the death of the injured. The court allowed the application and cancelled the bail of the accused petitioners.
Finding of the Court:
The court found that the bail granted earlier cannot be continued when graver offences are added later, and the accused has to seek fresh bail. It also held that the police can conduct further investigation after filing the report and alter the nature of the offence, and the accused becomes disentitled to the liberty granted in relation to a minor offence if the offence is altered to an aggravated crime.
Issues: The issues involved the cancellation of bail, the power of the police to conduct further investigation, and the implications of altering the nature of the offence on the grant of bail.
Ratio Decidendi: The court held that the bail granted earlier cannot be continued when graver offences are added later, and the accused has to seek fresh bail. It also established that the police can conduct further investigation after filing the report and alter the nature of the offence, and the accused becomes disentitled to the liberty granted in relation to a minor offence if the offence is altered to an aggravated crime.
Final Decision: The criminal miscellaneous petition was dismissed, upholding the order cancelling the bail of the accused petitioners.
2. Briefly stated, the facts of the case are that one Bhagwan Sahai lodged a report on 17-6-2008, in respect of an incident, which had taken place on 16-6-2008. The said report was registered as FIR No. 138/ 2008 at Police Station, Renewal District Jaipur for the offences under Sections 143, 341, 323, 447 and 379, IPC. Thereafter, the investigation commenced and on conclusion of the same, police filed challan on 7- 7 - 2008 for the offences under Sections 341, 323 and 325, IPC. The offences being bailable one, the petitioners were released on bail on 77 -2008 (Annexure-I).
3. In this case, the injured namely Smt. Jamna Devi was given medical aid in the hospital at Renewal wherefrom she was referred to SMS Hospital. Jaipur on 17-62008. Subsequently, the injured was discharged from hospital on 1-7-2008. The injured was re-admitted in SMS Hospital. Jaipur for treatment but she succumbed to her injuries and died on 3-8-2008. After the death of the injured, the complainant filed an application to the police, who had then prepared a Panchnama and also got the post-mortem conducted through a Medical Board. As per the opinion given by the Medical Board, in the post-mortem report, the cause of death was septicemia as a result of ante-mortem injuries. Therefore, according to the Investigation Agency, an offence under Section 302, IPC was found to be made out in the case.
4. The prosecution then filed an application for cancellation of bail of the accused persons on the ground that the investigation in the matter is to be done. It was also mentioned by the prosecution that the challan, in this case, had been filed in the Court of learned Magistrate on 7- 7 - 2008 and the bail-bonds of the accused-petitioners were attested by the learned Court as the offences were bailable. Therefore, it was stated by the prosecution that in such view of the matter, it was not possible to take the accused persons in custody. Accordingly, it was prayed that the order dated 7-7-2008 may be cancelled so that the accused persons can be arrested and further investigation may be conducted.
Initially an application under Section 437(5) Cr. P.C. was filed before the learned Magistrate concerned who, vide his order dated 6-8-2008, dismissed the application as not maintainable. Subsequently, the prosecution filed an application under Section 439(2) Cr. P.C. before the learned District and Sessions Judge. Sambhar Lake, District Jaipur to which the accused persons filed a reply. The learned Court below then decided the application, vide order dated 5-9-2008 and while allowing the same it was ordered that the bail granted to the accused persons in FIR No. 138/2008, registered at Police Station Renwal, Jaipur be cancelled.
5. The learned counsel for the petitioners has submitted that once a bail is granted in minor offence then in a situation when graver offences are added later, then the bail granted earlier cannot be cancelled nor it is necessary for the accused-persons to seek first bail in the matter. In support of his submission. he places reliance on the cases of Prabhu v. State of Rajasthan, 1986 RCC 474; Vijendra Kumar v. State of Rajasthan, 1988 Cr LR (Raj) 689 and on the case of Sita Ram Singh v. State of Bihar, 2002 (2) Crimes 482.
The learned counsel for the petitioners has also submitted that in the instant case, the challan had already been filed on 7- 72008 and nothing remained pending in the matter. Therefore, he has submitted that further investigation by the police could not have been done without permission of the Court concerned.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
