BABU BOMBAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second bail application filed by the petitioner u/s. 438 Cr. P. C. in a case registered vide FIR No. 286/86 dt. 25. 5. 86 for offence under Section 324 IPC, which later on has been converted u/s 326 IPC.

(2.) LEARNED counsel for the petitioner Shri vs. Gurjar has raised a legal point for grant of bail to the accused-petitioner, therefore, it is not necessary to give factual details It will suffice to say that the accused petitioner was charged to have committed offence under Sec. 324 IPC, which is bailable and he was granted bail by the Investigating Officer u/s 436 Cr. P. C. However, after receipt of medical report, the offence was converted u/s 326 I. P. C, which is non bailable offence and the person accused of having committed offence under Section 326 IPC is liable to punishment of imprisonment for life or with imprisonment for a term, which may extend to 10 years and is also liable to fine. LEARNED counsel has contended that the petitioner was granted bail u/s 436 Cr. P. C. and subsequently when the offence was converted u/s 326 IPC the bail was cancelled, even though the petitioner was granted bail by the Investigating Officer himself, he is sought to be arrested. He has contended that since the petitioner was granted bail u/s 436 Cr. P. C, now the Investigating Officer is now empowered to arrest him unless the bail granted to the petitioner is cancelled either by the Sessions Court or by the High Court.

(3.) I am in respectful agreement with the above view and I hold that the bail granted to the accused petitioner u/s 436 Cr. P. C. has been rightly cancelled. In view of the above discussions, the bail application of the accused petitioner filed u/s 438 Cr. P. C. is dismissed. .