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sandeep singh   02 June 2020

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???


 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 June 2020


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


Sampada Sharma   02 June 2020

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.

P. Venu (Advocate)     03 June 2020

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

sandeep singh   03 June 2020

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

Rahul Kapoor (Legal Enthusiast)     03 June 2020

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.



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