ROHAN SUNIL ABBOTT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the parties, matter is taken up for final hearing.

(2.) Heard Mr. Aniesh Jadhav learned counsel for the petitioner, Ms. Kaushik, learned Prosecutor for the State and Ms. Abha Singh, learned counsel for the Intervenor.

(3.) Hon'ble Apex Court in the case of Pradip RaM v. State of Jharkhand (2019) 17 SCC 326 has held that "where the accused is bailed out under orders of the Court and new offences are added including the offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by the Court before granting permission to arrest an accused on the basis of new offences. The Powers under Ss. 437(5) and 439(2) are wide powers granted to the Courts by the legislature under which Court can permit an accused to be arrested and commit him to custody without even cancelling the bail with regard to the earlier offences." .