whether the session court has power to dismantle the bails of the high court


a case going on in the session court under sections 323,324,148,149,308,201 ipc
all the accused are on bail from the high court. the accused are presenting trails in the session court.
if session court now add attempt murder 307 ipc in this case. so can the session court send the accused to the police custody for further investigation or not?
please tell me , session court can send the accused to jail???
 
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Hello,

As per me if section is added in that case person can be again send to custody for investigation.

 

 
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In my opinion, if new charges are added into the case of serious nature , the court can cancel the bail and arrest the person or take him into custody. 

Under Section 439(2) of CrPC , High Court or Session Court have the power to cancel the bail if a non- bailable offence is added.

 
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Deputy Manager

Sandeep Singh, if the charges under other Sections except 307 IPC has been framed and the accused has pleaded not guilty, then the Sessions Trial starts, so the accused would not stand trial for 307 IPC. But, if during Trial, the prosecution was successful in establishing the 307 IPC also, then the accused can be convicted and sentenced for it too. No bail cancellation, no further investigation or reinvestigation in such situation. 2) I hope that you do not require to be tutored as to how the Sessions Trial cases are committed to the Sessions Court by the Magisterial Court.
 
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Advocate

You are posting many a query. What is the real issue, if any?

 
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when session court charge addment with i p c 307 .
Was the accused sent to police custody for further investigation
 
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Legal Enthusiast

Recently in Pradeep Kumar Vs. State of Jharkhand the Ho'ble SC has held that:

"62. In view of the foregoing discussions, we arrive at following conclusions in respect of a circumstance where after grant of bail to an accused, further cognizable and non-bailable offences are added:-

(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested.

(ii) The investigating agency can seek order from the court under Section 437(5) or 439(2) of Cr.P.C. for arrest of the accused and his custody.

(iii) The Court, in exercise of power under Section 437(5) or 439(2) of Cr.P.C., can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.

(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail."

Hope it will answer your query.

 

Regards

 
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