SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE contents of F.I.R. have been perused. On the basis of the allegations made in the F.I.R., S.H.O., Police Station Mullana had, on March 30, 2001, filed an application to re-arrest Sanjeev Rana accused- petitioner as offence under Sections 363/511/506 I.P.C. had also been made out in addition to the original offence of Section 354 I.P.C. Thereupon, the learned Magistrate, vide impugned order dated March 31, 2001, was pleased to record that the newly added offences were non-bailable, therefore, bail previously granted to the petitioner vide order dated January 24, 2001 was cancelled and warrants of arrest were issued for May 4, 2001.

(2.) IT seems that the learned Magistrate was under certain mis-conception that offences under Sections 363 and 506 I.P.C. were non-bailable. According to the schedule, attached to the Code of Criminal Procedure, section 363 I.P.C. is a bailable offence. As regards Section 506 I.P.C. in its lesser form, it is also a bailable offence. It is only where there is threat to cause death or grievous hurt that the offence is a graver form of intimidation and is non- bailable in the State of Haryana. Even otherwise, bail previously granted should not have been cancelled without notice to the accused-petitioner. The revision is accepted. Order dated March 31, 2001 is, hereby, set aside. The petitioner shall furnish fresh bail bonds before learned Judicial Magistrate for offences under Sections 354/363/511/506 I.P.C. Revisionn allowed.