Code of Criminal Procedure, 1973–Sec. 439 [Corresponding Sec. 483 of BNSS, 2023]–Case wherein an accused has been released on bail, pending the investigation, and later, upon completion of the investigation, a charge sheet is filed with the addition of new cognizable and non-bailable offences–Grant of bail in such matters–Governing principles–
(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences–In the event of refusal of bail, the accused can certainly be arrested.
(ii) The investigation agency can seek an order from the Court u/s. 437(5) or 439(2) of Cr.P.C. respectively for arrest of the accused and his custody.
(iii) The Court, in exercise of its power u/ss. 437(5) or 439(2) of Cr.P.C. respectively, can direct for taking into custody the accused who has already been granted bail after cancellation of his bail–The Court in exercise of its power u/s. 437(5) as well as Sec. 439(2) respectively 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 always be necessary with the order of cancelling of the earlier bail.
(iv) In a case where an accused has already been granted bail, the investigating authority, on addition of an offence or offences, may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences, it needs to obtain an order to arrest the accused from the Court which had granted bail.
