PANKAJ BHANDARI, J.

1. Petitioner has filed this bail application under Section 439 Cr.P.C., 1973

2. F.I.R. No. 559/2017, was registered at Police Station Kardhani, District Jaipur for offence under Sections 305, 306 and 384 I.P.C.

3. It is contended by counsel for the petitioner that initially the police has investigated the case for offence under Section 306 IPC. Petitioner was arrested on 7.9.2017 and after he moved the application under section 167(2) of Cr.P.C., 1973 on 8.11.2017 that offence under Section 305, 384 IPC was added by the police to deprive the petitioner of the liberty of bail. My attention has been drawn towards the remand papers of the co-accused dated 8.11.2017, wherein, the offence mentioned was under Sections 306 and 384 IPC and at that time also offence under Section 305 IPC was not added.

4. It is contended that the investigation took place for offence under Section 306 IPC. Charge-sheet has not been filed within sixty days of the arrest of the petitioner and subsequently if some other section is added that could not come in way of grant of bail to the petitioner.

5. Counsel for the petitioner has placed reliance on State of Maharashtra v. Bharti Chandma