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Judgment
K.K. Verma, J.
They are heard.
Crime No. 78/1991 was registered against the applicant at Vijaypur Police Station under Sections 323 and 324, Indian Penal Code. On the medical report, Section 325, Indian Penal Code was added. The applicant was arrested and was released on bail on 11th August 1991. On 17th August 1991, the charge-sheet was filed and Section 326, Indian Penal Code was added to the offences in the charge-sheet. The Police do not show in their report (filed today) that they are seeking the arrest of the applicant.
The applicant''s learned counsel says that he has no information what order, if any, has so far been passed by the learned Magistrate about the steps to be taken for securing the attendance of the applicant before that Court.
In Rambabu Sharma v. State of M. P. 1990 (I) MPWN Note 79 (Misc. Cri. Case No. 866/1989 (G), decided on 16-8-1989), it was held that the right of the police to rearrest on their own, an accused, who was already admitted to bail, on the addition of more serious offences than the ones for which he was admitted to bail, accrues/only when a competent Court cancelled the bail. This being the position in law, the applicant on the application as framed needs no protection u/s 438(1), Criminal Procedure Code. The applicant may, if so advised, make an appropriate application before the competent Court if a non-bailable warrant of arrest is ordered to be issued by the Magistrate having jurisdiction.
With the aforementioned observations, the bail application is disposed of.
A copy of this order be sent to the S.H.O., P.S., Vijaypur, for information.
C.C. by tomorrow.