MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor for the State and also perused the documents on record.

(2.) Mr. Bareth submits that when the FIR was lodged, initially the case was registered for bailable offences and the bail was granted to petitioner by police u/s. 436 Crimial P.C. Thereafter, the offence u/s. 307 Penal Code was added and the petitioner was arrested. Mr. Bareth submits that once the bail has been granted by police u/s. 436 Crimial P.C., then the police cannot arrest the petitioner, though subsequently non-bailable offence has been added. He placed reliance on the decision of this court in case of Vijendra Vs. State of Raj. (1988 RCC 431) .

(3.) In the facts and circumstances of the case and the arguments advanced by both the sides & following the view in case of Vijendra (supra) I am inclined to grant bail U/s. 439 Crimial P.C. to the accused-petitioner.