Can Bail Granted for Bailable Offences Be Cancelled If Graver Non‑bailable Offences Are Later Added: Rajasthan High Court Decides
The Rajasthan High Court has held that benefit of bail granted to an accused under bailable offences cannot continue and stands cancelled on addition of a graver, non-bailable offence. [2026 LiveLaw (Raj) 247]The bench of Justice Anoop Kumar Dhand was hearing a petition challenging order of the SC/ST Special Judge that cancelled the bail granted to the petitioner on account of addition...
The Rajasthan High Court has held that benefit of bail granted to an accused under bailable offences cannot continue and stands cancelled on addition of a graver, non-bailable offence. [2026 LiveLaw (Raj) 247]
The bench of Justice Anoop Kumar Dhand was hearing a petition challenging order of the SC/ST Special Judge that cancelled the bail granted to the petitioner on account of addition of graver/non-bailable offences.
An FIR was registered against the petitioner wherein, after investigation, the police only found bailable offences against the petitioner. Based on this, the bail bonds were furnished, and bail was granted to the petitioner.
However, at a later stage, certain graver and non-bailable offences were also added based on which an application was filed by the State seeking cancellation of petitioner's bail. This application was allowed by the court, and the order was challenged.
After making references to certain Supreme Court decisions including Prahlad Singh Bhati vs. NCT, Delhi & Anr. and Pradeep Ram vs. the State of Jharkhand & Anr., the Court held that,
“…benefit of bail granted to the accused for bailable offences cannot be allowed to continue and the same is liable to be cancelled on addition of graver/non-bailable offence.”
Accordingly, the petition was dismissed.
Title: Arun Singh & Anr. v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 247
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