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Surjeet and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 28 February 2011 · Citation: (2011) 02 P&H CK 0347

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 324, 326, 34, 506
RESULT
Allowed
CASE NUMBER
CRM M No. 36327 of 2010 (O and M)
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Judgment

3 paragraphs · 230 words

Alok Singh, J.—Petitioners were arrested for an offence punishable under Sections 323/324/326/506/34 IPC pursuant to FIR No. 165 dated 20.6.2010 P.S. Kunjpura, District Karnal. Petitioners were enlarged on bail by the learned Magistrate. However, during the investigation, Petitioners were found to have committed an offence u/s 326 IPC, hence Section 326 IPC was added against the Petitioners and Petitioners were again arrested on 12.11.2010 and are languishing in jail since then. Their bail application for the newly added section has been rejected by the Magistrate vide order dated 15.11.2010 as well as by the learned Sessions Judge vide order dated 27.11.2010.

2.

This Court in the case of Rakesh v. State of Haryana CRM. No. M-1661 of 2011, decided on 14.2.2011 has ruled that if an accused is enlarged on bail for offence triable by the Magistrate and if he is found to have committed another offence during the investigation, he shall continue to enjoy the bail granted earlier after submitting fresh bail bonds and surety bonds for the newly added section and he is not required to seek fresh regular bail for the newly added section.

3.

Present petition is allowed in the light of the judgment passed by this Court in Rakesh''s case (supra). Accused shall be released forthwith on furnishing fresh bonds (personal and surety) for the newly added section, to the satisfaction of the learned Magistrate.