- (1.) Very interesting and important question of law arises for consideration before this Court - as to whether an accused, who has been enlarged on regular bail by the Magistrate, shall have to seek fresh bail for the newly added offence during the investigation triable by Magistrate?
(2.) The facts of the present case inter alia are that present Petitioner/accused was arrested for an offence under Sections 324/506/34 of the Indian Penal Code, Safidon, FIR case No. 350 dated 18.11.2010. Accused was enlarged on regular bail by the Sub Divisional Judicial Magistrate, Safidon, vide order dated 20.11.2010 for an offence under Sections 324/506/34 IPC P.S. Safidon. During the investigation, Sections 326 and 323 were also added against the accused.
(3.) Accused thereafter had applied for anticipatory bail for newly added Sections i.e. 326 and 323 IPC, however, his bail application was dismissed by learned Additional Sessions Judge vide order dated 12.1.2011, observing therein as under: It is case of prosecution that on 17.11.2008 at 6.30 PM, an altercation had taken place between Parveen Kumar and Mahender with accused Rakesh, which ultimately led to a fighting, in which Petitioner gave gandasi blow to Wazir. On his statement, initially a case was registered under Sections 324 and 506 IPC. Later on after receiving opinion of doctor, this case was converted into an offence punishable under Section 326 IPC. It is true that initially, accused persons were produced in the court for offence under Sections 324 and 506 IPC but as per doctor's opinion it was converted into Section 326 IPC. Grievious injury has been attributed to the present accused persons. His case, therefore, cannot be equated with co-accused, who has not caused grievous hurt. Thus, no ground is made out for anticipatory bail. Authorities, cited are not applicable here in this case. Hence, the application filed by the Petitioner is rejected. Bail application file be consigned to the record room.;