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The Supreme Court Bench consisting of consisting of Justice Ashok Bhusan and Justice KM Joseph has in Pradeep Ram vs. State of Jharkhand and anr, has held that an accused on bail cannot be arrested on addition of new offences without the order of the court which granted such bail. In the instant case, the Supreme Court was dealing with an appeal filed against the judgment of Jharkhand HC dismissing Writ Petition and Crl. Misc Petition filed by the appellant. The appellant was initially charged under sections 414, 384, 386, 387,120-B I.P.C. read with Sections 25(1-B)(a),26, 35 of the Arms Act and Section 17(1) and(2) of the Criminal Law Amendment Act. Apart from the appellant, there were 11 others were accused. The accused was granted bail by the HC after he has taken into custody. The CJM framed charges against the appellant under the above mentioned provisions. However, the HC passed an interim order to stay the proceedings.
Later, On the prayer made by the Investigating Officer, offences under Sections 16, 17, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 were added against the accused. In pursuance of the order of the Central Government, National Investigation Agency re-registered the First Information Report. While the appellant was in custody in some other case, request was made by NIA to a Special Judge , NIA, Ranchi for the issuance of production warrant. The order was allowed and the appellant was remanded to appellant to judicial custody by order of the Special Judge.
The Supreme Court has in dealing with the matter held that where an accused has already been granted bail, investigation authority on addition of offence(s) need to obtain warrant of arrest from the court which granted bail.
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