The bench comprising of Justice Ashok Bhushan and Justice K.M. Joseph, while hearing an appeal directed against the judgment of the Jharkhand High Court, has held that where an accused has already been granted bail, the investigating authority in addition to an offence of more gravity needs to take an order from the Court, wherefrom he had obtained bail in order to re-arrest him. Referring to some earlier judgments, the bench arrived at the following conclusion:
The Court, in the exercise of power under Section 437(5) or 439(2) of Criminal Procedure Code, can direct for taking into custody the accused, who has already been granted bail, after the cancellation of his bail. The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who had already been granted bail to be arrested and commit him to custody on the addition of grave and non-cognizable offences, which may not be necessary always with the order of cancelling of earlier bail.
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