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Bail to accused when offence is converted from minor offence

 

Bail to accused when offence is converted from minor offence to Major offence

 

Once an accused was enlarged on bail for certain
offence and if during the investigation new section is
added for which minimum punishment is not life
imprisonment or death penalty then Magistrate will be
within its jurisdiction to ask the petitioner to furnish
fresh bonds for the newly added section. However, it
is clarified that if newly added section is punishable
minimum with life imprisonment or death penalty then
Magistrate shall not be within its jurisdiction to ask the
accused to furnish the fresh bail bonds for the newly
added section unless case is covered under the proviso
of Section 437 IPC is punishable with death or life
imprisonment, therefore, Magistrate shall be well
within its jurisdiction to ask the accused to furnish
fresh bonds for the newly added section. "
Cri. Application No. 3622 / 2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Uttamkumar s/o. Chandrakant Wagh,

versus
The State of Maharashtra,


CORAM : SHRIHARI P. DAVARE, J.
Date of pronouncing the
judgment : 26th September 2012.

https://www.lawweb.in/2013/06/bail-to-accused-when-offence-is.html



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