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1986 Supreme(Raj) 226

I.S.ISRANI
Babu Bombaj – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
V.S. Gurjar, for Accused-petitioner; K.N. Shrimal, Public Prosecutor

ISRANI, J.—This is second bail application filed by the petitioner u/S. 438 Cr.P.C. in a case registered vide FIR No. 286/86 dt. 25.5.86 for offence under Section 324 IPC, which later on has been converted u/s 326 IPC.

2. Learned counsel for the petitioner Shri vs. Gurjar has raised a legal point for grant of bail to the accused-petitioner, therefore, it is not necessary to give factual details It will suffice to say that the accused petitioner was charged to have committed offence under Sec. 324 IPC, which is bailable and he was granted bail by the Investigating Officer u/s 436 Cr.P.C. However, after receipt of medical report, the offence was converted u/s 326 I.P.C, which is non bailable offence and the person accused of having committed offence under Section 326 IPC is liable to punishment of imprisonment for life or with imprisonment for a term, which may extend to 10 years and is also liable to fine. Learned counsel has contended that the petitioner was granted bail u/s 436 Cr.P.C. and subsequently when the offence was converted u/s 326 IPC the bail was cancelled, even though the petitioner was granted bail by the Investigating Officer himself, he is sought to be arrested. He h






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