The court clarified the power of the investigating agency to seek orders for arrest of the accused for newly added offences and the court's authority in granting bail for such offences.

JUDGMENT

Raj Mohan Singh, J. - This is second application under Section 482 Cr.P.C for addition of Section 302 IPC in the head note of the main case i.e. CRM-M No.879 of 2021, which was decided by this Court on 23.02.2021.

2. Earlier CRM No.6025 of 2021 was filed by the applicant/petitioner for the same relief. The said application was taken up on 04.03.2021. The said application was filed at the time when the applicant/petitioner was not released from the jail in view of addition of offence under Section 302 IPC at the time of taking cognizance by the trial Court. On 04.03.2021, learned counsel for the applicant/petitioner submitted that since the petitioner had been released on bail, therefore, he did not press the said application. The factum of release of the applicant/petitioner was also verified by the learned State counsel on the basis of custody certificate. In view of aforesaid position, CRM No.6025 of 2021 was ordered to be dismissed as withdrawn.

3. Thereafter, the trial Court/Additional Sessions Judge, Sangrur vide order dated 10.03.2021 passed the following order:-

"The defence counsel has moved an application seeking exemption of accused from personal appearance on the ground that he is admitted in Civil Hospital, Sangrur.

A detailed report submitted by Superintendent, Central Jail Patiala, is lying on the file to the effect the 'accused was released from custody on 03.03.2021'. However, as is revealed from the previous order, he was released only under Section 304 of IPC as per order dated 23.02.2021 of the Hon'ble High Court and not 302 of IPC. Let, warrants of arrest of accused Gagandeep Singh be issued with immediate effect for 16.03.2021. Consequently, the application for grant of exemption from personal appearance of accused stands dismissed."

4. Owing to the aforesaid status, the applicant/petitioner has preferred this application.

5. Main case i.e. CRM-M No.879 of 2021 was decided on 23.02.2021, thereby granting regular bail to the applicant/petitioner on the basis of prima facie consideration of the following facts:-

"(i). FIR was registered on 08.06.2020 by Jaswant Singh on the allegations that the petitioner and others were demolishing the 'Wat' of the field, where the complainant was already working along with Jarnail Singh and Jeet Singh @ Jeeta. On seeing the demolition of the 'Wat', the complainant tried to restrain the petitioner. Brother of the complainant also came there. Complainant party tried to stop the accused from demolishing the 'Wat' and thereafter, both the parties went their respective homes. At about 2:45 PM, petitioner, Harjit Singh and Gurdev Singh came to the fields on their tractors fitted with ploughs. Petitioner was driving the tractor, whereas Harjit Singh and Gurdev Singh were sitting on both sides. Petitioner brought the tractor near to the complainant and turned the same on the side of the complainant. When the complainant tried to save himself, a plough pierced into his right thigh. Petitioner kept on driving the tractor and took two rounds of the field. Complainant fell down and the plough came out of the thigh with flesh. When the complainant was lying in the field, petitioner lifted the ploughs up and again put the same on the complainant and plough hit on the left foot of the complainant. Petitioner again lifted up the ploughs, which hit the head of the complainant. On hearing alarm, the assailants fled away from the spot.

(ii) Initially, the FIR was registered for the offences under Sections 323, 324, 120-B and 149 IPC against the petitioner and four other persons. Jaswant Singh died on 10.07.2020. Statement of his brother Beant Singh was recorded on 10.07.2020 and offence under Section 302 IPC was added vide DDR No.43 dated 10.07.2020.

(iii) According to the statement of Beant Singh, his brother Jaswant Singh was referred from Civil Hospital on 12.06.2020 i.e. after four days of the occurrence. He was admitted in Amar Hospital, Patiala, from where he was discharged on 17.06.2