IMPORTANT POINT
The court established that bail can be revoked upon the addition of non-bailable offenses if the initial order included provisions for such circumstances.

ORDER :

1. The instant petition is filed under Section 482 of Cr.P.C. assailing the impugned order dated 28.05.2024 passed by learned Court of Special Judge, Schedule Caste/ Schedule Tribe (PoA) Cases, Dausa, District Dausa in Criminal Miscellaneous Application no. 77/2024 whereby, the cancellation of bail application filed by the respondents under Section 439(2) of Cr.P.C. was allowed and the bail order dated 07.03.2024 was cancelled on the ground of subsequent addition of non-bailable offence under Section 302/120B, 342, 323, 364, 201 of I.P.C. in the Final Report (Charge-sheet). Moreover, arrest warrant against the accused-petitioner was issued.

2. The crux of the instant matter is that the Shri Asha Devi submitted a report qua her missing husband Shri Ramdayal Meena, and subsequently a MPR numbering 3/2024 was registered, on 08.02.2024 (Annexure-5). During the course of interrogation and investigation a dead body was found which was later on identified as Shri Santosh @ Sanjay’s body. Thereafter, a criminal F.I.R. was registered by Shri Ratan Lal, Assistant Sub-Inspector, for the offences under Section 143, 302, 201, 120B of I.P.C.

3. Resultantly, five accused persons including the petitioner were arrested on 12.02.2024. Thereafter, the then Investigating Officer Shri Prem Bahadur found a case against Santosh, Asha Devi, and Uma Shankar for the offence under Sections 143, 302, 323, 343, 365, 201, 120B, 109 of I.P.C. read with Section 3(2) (v) of the SC/ST Act and against Dayaram Meena, and Robin Singh Meena for the offences under Section 323, 342 of I.P.C.

4. Howsoever, the petitioner moved a bail application under Section 436 of Cr.P.C. and the same was allowed vide order dated 07.03.2024. Eventually, on account of the transfer of the erstwhile Investigating Officer, the matter was handed over to Shri Rajendra Kumar Meena who submitted a positive final report qua the five accused persons.

5. By and by, the Superintendent of Police considering the subsequently developed evidence i.e. call record, location, and online transactions (of Rs. 300/-) directed to file a positive final report qua the five accused, pertinently noting that against Daya Ram Meena and Robin Singh Meena, final report ought to be submitted for offences under Section 302/120B, 342, 323, 364, 201 of I.P.C. Thereafter, the learned Trial Court took cognizance accordingly on 08.05.2024 (Annexure-7).

6. In this backdrop, learned counsel representing the petitioner submitted that the bail was allowed considering the nature of offence i.e. bailable however, upon submission of challan with non-bailable offences, the said bail was cancelled as per the provisions of Section 439 (2) of Cr.P.C. and arrest warrant was issued qua the accused-petitioner, vide order dated 08.05.2024 (Annexure-8). It was further contended that once a person is enlarged on bail considering the provisions of non-cognizable, bailable charges, the provisions of Section 439 (2) ought not to apply.

7. Moreover, for cancellation of bail substantial evidence should be considered, nevertheless, in the instant matter the Superintendent of Police without due application of mind and overlooking the report made by the two Investigating Officers, directed to append charges of non-bailable offences qua the petitioner.

8. In this regard, learned counsel representing the petitioner had placed reliance upon the ratio encapsulated Chinmaya Sahu vs. State of Orissa in Crl. M.C. No. 2452/2023 and Parvinder Singh Khurana vs. Directorate of Enforcement in Criminal Appeal Nos. 3059-3062/2024. Lastly, learned counsel had averred that if deemed appropriate additional conditions may be imposed upon the petitioner and the instant petition be allowed.

9. Per contra, learned Public Prosecutor had vehemently opposed the instant petition and had submitted that the petitioner was only enlarged on bail with a caveat qua cancellation of bail upon further discovery of evidence, or if any offence of non-bailable nature is alleged ag