Y.R. Meena, J. - (1.) Heard learned counsel for the petitioner and learned Public Prosecutor for the State and also perused the documents on record.
(2.) Mr. Bareth submits that when the FIR was lodged, initially the case was registered for bailable offences and the bail was granted to petitioner by police u/s. 436 Cr.P.C. Thereafter, the offence u/s. 307 IPC was added and the petitioner was arrested. Mr. Bareth submits that once the bail has been granted by police u/s. 436 Cr.P.C., then the police cannot arrest the petitioner, though subsequently non-bailable offence has been added. He placed reliance on the decision of this court in case of Vijendra v. State of Raj. (1988 RCC 431) .
(3.) In the facts and circumstances of the case and the arguments advanced by both the sides & following the view in case of Vijendra (supra) I am inclined to grant bail U/s. 439 Cr.P.C. to the accused-petitioner.;