MANN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After having taken time yesterday, Ld. Counsel for the petitioner has today cited the decisions of the Supreme Court passed in "State of Maharashtra Vs. Bharati Chandmal Varma @ Ayesha Khan, 2002 1 RCR(Cri) 99 and "Central Bureau of Investigation, Special Investigation Cell-1 New Delhi Vs. Anupam J. Kulkarni", 1992 2 RCR(Cri) 147as also the decision of a Co-ordinate Bench of this Court passed in case of "Mukesh Vs. Central Bureau of Investigation, 1998 1 RCR(Cri) 820.

(2.) Apart from the above, he also relies upon the decision of Hon'ble Rajasthan High Court passed in "Vishambhar Dass S/o Shri Sitaram Das B/c Ramanandi Sadhu Aged About 43 years R/o Ramjanki Mandir OBC Colony Near Gyan Vihar Enginiring Collage Mahal Jagatpura Police Station Pratap Nagar Jaipur Rajasthan Vs. State of Rajasthan, 2018 CrLR 223 and the decision of Hon'ble Jharkhand High Court passed in "Nasim Ansari @ Gura Mian Vs. State of Jharkhand and another, 2009 7 RCR(Cri) 866.

(3.) In each of these decisions, it has been held that statutory bail once granted to an accused under Section 167(2) of the Cr.P.C. cannot be cancelled even if his complicity has transpired subsequently during investigation in any offence of a more serious nature, provided that such serious offence is found to have been committed only in the same case, and not any other/different case.