Serious, Graver & Non-Cognizable Offences

This Court in Hamida v. Rashid, (2008) 1 SCC 474 held that an accused after addition of serious non-cognizable offence is required to surrender and apply for bail for newly added offences. Mithabhai Pashabhai Patel v. State of Gujarat, (2009) 6 SCC 332 uses the word ‘ordinarily’ in Paragraph 18 of the Judgment which cannot be read as that mandatorily bail earlier granted to the accused has to be cancelled before Investigating Officer to arrest him due to addition of graver and non-cognizable offences. The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.

Hon’ble Justice Ashok Bhushan, Pradeep Ram v. The State of Jharkhand, [Criminal Appeal Nos. 816-817 of 2019].