SURJEET AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) 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 under Section 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.