SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Raj) 170

MAHENDAR KUMAR GOYAL
Sharwan Lal Jat – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Surana and Hemant Taylor
For the Respondent: Laxman Meena, P.P. and Kamlendra Sihag

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • When a graver and non-bailable offense is added to the charges after bail has been granted for bailable offenses, the benefit of bail generally stands canceled (!) (!) .
  • The legal principle is that bail granted for minor or bailable offenses cannot continue once a more serious, non-bailable offense is included in the case (!) (!) .
  • The court has the authority to cancel the bail if a non-bailable offense is added during investigation, and this cancellation is supported by statutory provisions and judicial precedents (!) (!) .
  • The order rejecting the application for bail cancellation based on the addition of a graver offense is not sustainable, and such benefit should be revoked to uphold legal principles (!) .
  • The application for cancellation of bail can be filed by the State or investigating authority, and the court can exercise its power to cancel bail even if the original order was not challenged earlier (!) .
  • Once a non-bailable offense is added, the accused can surrender and apply for bail in relation to the new charges, and the court may direct arrest or custody based on the circumstances (!) (!) .
  • The legal framework allows for the arrest of an already-bailed accused upon addition of a graver offense, but this requires a court order (!) .
  • The principle that the benefit of bail is not automatic upon the addition of a non-bailable offense is well established, and courts are empowered to revoke bail in such cases (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice.


JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. This criminal misc. bail cancellation application has been filed by the complainant seeking quashment of the order dated 24.10.2016 passed by the learned Additional Sessions Judge No. 19, Sanganer, Jaipur Metropolitan, whereby, the application filed by the State of Rajasthan under Section 439(2) Cr.P.C. seeking cancellation of the bail extended to the non-petitioners No. 2 to 4 by the investigating agency under Section 436 Cr.P.C., on addition of graver and non-bailable offence under Section 308 IPC, has been rejected.

2. The brief facts as emerge are that the complainant has lodged an FIR No. 286 dated 26.6.2015 with the Police Station Sanganer Sadar, Jaipur (East) under Sections 143, 452, 323, 341, 379, 427, 148, 504 and 506 IPC. After investigation, the investigation agency found the allegations to be prima facie proved under Sections 147, 148, 149, 323, 341, 324, 325, 504, 506 and 427 IPC and since all the offences were bailable, the non-petitioners were extended benefit of bail by the investigating agency under Section 436 Cr.P.C. However, later on Section 308 IPC was added and the same being non-bailable offence, the State Government moved

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        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

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top