sandeep singh 02 June 2020
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.
sandeep singh 03 June 2020
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.