BHAIRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been preferred against the order dtd. 25/11/2021 passed by learned Sessions Judge, Sawaimadhopur in FIR No.11/2021 registered at PS Bahrawanda Kalan, Distt. Sawaimadhopur whereby the learned Judge has allowed the application filed under Sec. 439(2) of the CrPC on behalf of State of Rajasthan and thus cancel the bail granted to the accused petitioner by virtue of adopting course of Sec. 436 CrPC.

(2.) Heard learned counsel for the petitioners and also learned Public Prosecutor appearing for the State. Perused the order impugned and the other material made available on record.

(3.) Briefly stated facts of the case are that an FIR No.11/2021 came to be registered at PS Bahrawanda Kalan, Distt. Sawaimad- hopur for the offence under Ss. 147, 148, 149, 323, 341, 336 IPC. Since all the offences were bailable, therefore, the Investigating Officer took bail bonds of the petitioners in pur- suance of provisions contained in Sec. 436 CrPC. Subsequent thereto, the Investigating Officer added the offences under Sec. 324, 308 IPC. Since the added offences were non-bailable, there- fore, the State Government moved an application for cancellation of bail on the ground that custodial interrogation of the petitioners would be required.