R. K. DASH, J.

( 1 ) - In this application for bail the sole question arises for consideration is whether the accused who has since been admitted to bail for having committed a bailable offence could be put behind the bars if subsequently the offence turns to be non-bailable one.

( 2 ) IT is borne out from the application for bail that for an incident alleged to have occurred on 2-2- 1998 an FIR was lodged against the petitioner which was registered under Sections 341, 324 and 294 read with Section 34, IPC. The offences being bailable, the petitioner was admitted to bail by the Court of the first instance. But since the injured succumbed to injuries some days after the case turned to be one under Section 302, IPC charge-sheet was accordingly laid under Sections 341, 294 and 302 read with Section 34, IPC. In the changed circumstance, the learned Court below cancelled the bail and remanded the petitioner to custody. After commitment the petitioner moved the learned Additional Sessions Judge. Rourkela, in seisin of the case for bail and the said prayer having been rejected, he moved this Court by filing the present application.

( 3 ) IN course of hearing either side could not cite