- (1.) This criminal misc. bail cancellation application has been filed by the complainant seeking quashment of the order dated 24.10.2016 passed by the learned Additional Sessions Judge No.19, Sanganer, Jaipur Metropolitan, whereby, the application filed by the State of Rajasthan under Section 439(2) Cr.P.C. seeking cancellation of the bail extended to the non-petitioners no.2 to 4 by the investigating agency under Section 436 Cr.P.C., on addition of graver and non-bailable offence under Section 308 IPC, has been rejected.
(2.) The brief facts as emerge are that the complainant has lodged an FIR no.286 dated 26.6.2015 with the Police Station Sanganer Sadar, Jaipur (East) under Sections 143 , 452 , 323 , 341 , 379 , 427 , 148 , 504 and 506 IPC. After investigation, the investigation agency found the allegations to be prima facie proved under Sections 147 , 148 , 149 , 323 , 341 , 324 , 325 , 504 , 506 and 427 IPC and since all the offences were bailable, the non- petitioners were extended benefit of bail by the investigating agency under Section 436 Cr.P.C. However, later on Section 308 IPC was added and the same being non-bailable offence, the State Government moved an application under Section 439(2) Cr.P.C., which came to be rejected, as aforesaid, which has been assailed herein.
(3.) The learned counsel for the petitioner submitted that once the graver and non-bailable offence was added, the benefit of bail already extended to the accused-non-petitioners no.2 to 4, was liable to be cancelled and no discretion was left with the learned Additional Sessions Judge in rejecting the application. He relies upon judgement of the Hon'ble Apex Court of India in Pradeep Ram vs. State of Jharkhand & Ors .-2019 (9) SCALE 120 and the judgement of a coordinate bench of this Court in Abdul Gafoor vs. State of Rajasthan, S.B. Criminal Misc. Petition No.1290/2012 dated 14.6.2012 to fortify his submissions.;