Addition of new offence by police doesn’t affect the bail already granted.

The Hon’ble Apex Court in the matter of Manoj Suresh Jadhav & Ors. v. The State of Maharashtra(Copy of order) observed that when a person has been granted bail and subsequently during the course of investigation the police adds any new offence(even if a non-bailable one), even then the police shall not be permitted to re-arrest such person on the ground of addition of such new offence, till the time the bail order is in force. If the state seeks to get such a person arrested then it is at liberty to apply for cancellation of bail as per the relevant provisions of Cr.P.C but it cannot resort to re-arresting such person on the basis of addition of a new offence, even if the offence is of a non-bailable nature.

(Para 1) By order dated 02.06.2016, the petitioners were granted bail.

(Para 4) It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time.

(Para 5) We direct that the petitioners shall be released on bail on the same condition/s as imposed in the aforesaid order dated 02.06.2016 by the learned Sessions Judge, Pune.

-Tushar Kaushik

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