RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is alleged to have only injured the complainant and his father on non-vital parts. Initially, the FIR had been registered only under Sections 323, 324, 148, 149, 307 and 452 IPC. At that time, bail had been granted to the petitioner. Subsequently, offence under Section 307 IPC was added. Inspite of bail having been granted to the petitioner, he was arrested on 16.9.2000. Mr. Gorkah Nath submits that bail having been granted to him earlier could only have been cancelled under Section 439(2) Cr.P.C. He relies on a judgment of this Court in the case of Mukesh v. C.B.I. Chandigarh, 1998(1) RCR(Crl.) 820 : 1998(1) Judicial Reports (Criminal) 215. In this case, it is held as under :-