Addition Of Graver, Non-Bailable Offence During Probe Justifies Cancellation Of Bail Granted By IO: Rajasthan High Court
Rajasthan High Court held that the bail granted by the IO to the accused deserved to be cancelled pursuant to the addition of graver and non-bailable offences during the course of investigation.
The bench of Justice Anoop Kumar Dhand upheld the decision of a Special Judge (Dacoity Affected Area) that cancelled the bail of the petitioner after the charge of a non-bailable offence (causing grievous hurt) was added to the charges against the petitioner based on re-examination of the injury report by a higher rank officer.
The plea was filed by the petitioners, who were accused of causing hurt to certain individuals, and were initially granted bail. However, subsequently, the matter was re-examined and looking at the injury suffered by the injured, and the gravity of the offence, the offence of causing grievous hurt was also added to the registered crime, which was non-bailable.
Based on this, an application was filed for the cancellation of the bail granted to the petitioners, which was accepted. This order was challenged before the Court. It was argued that once the IO found the injuries to be simple, and the offences bailable, there was no reason for the IO to add a non-bailable offence.
On the contrary, it was argued by the State that even though initially the offences were found to be bailable, based on re-examination of the injury report by a higher officer, the additional provision was added to the crime.
After hearing the contentions, the Court highlighted that in the re-examination it was revealed that certain injuries of the injured were result of repeated blows on his head which was a vital body part. The Special Judge took into account entirety of the facts for cancelling the bail.
Reference was made to the coordinate bench decision in the case of Abdul Gafoor v State of Rajasthan, which held that the benefit of bail to an accused under bailable offences could not continue and stood cancelled on addition of graver and non-bailable offence.
In this background, the Court held, “It is the settled proposition of law that the benefit of bail granted by the Investigating Officer to the accused persons deserves to be cancelled on addition of graver and non-bailable offence during the course of investigation, hence under these circumstances, this Court finds no error in the impugned order passed by the Court below.”
Accordingly, the petition was dismissed, and the order of the Special judge was upheld.
Title: Dinesh & Ors. v State of Rajasthan
Citation: 2026 LiveLaw (Raj) 14