1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CRIMINAL MISC. BAIL APPLICATION NO.10783/2010 Smt. Manbhar Devi vs. The State of Rajasthan Date of Order: 23/11/2010 HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Reportable Mr. S.K. Gupta, for the petitioner. Mr. Paresh Choudhary, Public Prosecutor. Mr. Alok Sharma, for the complainant. Heard learned counsel for the parties. 2. In this case, a complaint was lodged against the petitioner by Rajeev Mathur, Director, Pioneer Colonizers Developers Private Ltd. and the same was registered as FIR No.19/2008 for the offences under Sections 420, 406, 467, 468, 471 and 120B IPC. During the course of investigation, apprehending her arrest, the petitioner moved an application for pre-arrest bail under Section 438 Cr.P.C. (7655/2008) before the High Court but without any success as the same came to be dismissed by a Co-ordinate Bench of this Court on 11.11.2008. Thereupon the petitioner filed a Special Leave to Appeal (Criminal) No.9041/2008 before the Hon'ble Supreme Court which came up for hearing on 19.12.2008. The Hon'ble Apex Court passed the following orders:- “Issue notice. In the meantime, the petitioner shall not be arrested in connection with this case.” 3. Subsequently, the S.L.P. came up for hearing on 2 14.09.2009 and orders were passed by the Hon'ble Supreme Court as under:- “Let this matter be adjourned for a period of two months for the present, during which period the petitioner is directed to cooperate with the investigating authorities. In that connection the petitioner shall meet the investigating officer of the case on 5th October, 2009, at 11.00 A.M. and thereafter, as and when required.” 4. The Hon'ble Apex Court had considered and disposed of the aforesaid petition, after hearing both the parties, on 01.04.2010 and passed the orders that:- “Having heard learned counsel for the respective parties, we made the order dated 19th December, 2008, absolute and also direct the petitioner to cooperate with the investigating authorities in the manner indicated in our order of 14th September, 2009. However, if at all required to do so, the petitioner shall surrender before the trial court and apply for regular bail. The Special Leave Petition is dispose of. As a consequence, application for intervention is also disposed of” 5. The investigation in the matter continued thereafter and the same came to be concluded on 09.11.2010 by filing of challan (No.163) for the offences under Sections 420, 406 and 120B IPC. It is to be noted that in the charge-sheet itself, it has been mentioned that the bail bonds of the petitioner, purporting to be under Section 436 Cr.P.C., were got executed by the police and the same were taken on record. It is a settled principle of law as laid down by the Hon'ble Supreme Court in the case of Prahlad Singh Bhati vs. N.C.T., Delhi, 2001(2) RCR 3 (Criminal) 377 that with the change of the nature of the offence, the accused becomes disentitled to the liberty granted to him in relation to minor offence, if the offence is altered for an aggravated crime. In other words, once a bail is granted by the police and no severe offence is added subsequently then the accused need not seek fresh bail. 6. On having considered the overall facts and circumstances of the case as well as on careful perusal of the orders passed by the Hon'ble Supreme Court and the fact that during the course of investigation bail bonds were got executed from the petitioner in the present case where challan has been filed for the offences of same nature under which the report was registered, I deem it just and proper to enlarge the petitioner on bail. 5. Consequently, the bail application is allowed and it is ordered that the accused-petitioner Smt. Manbhar Devi widow of Late Shri Jagdish in F.I.R. No.19/2008, registered at Police Station Pratap Nagar, Jaipur, shall be released on bail; provided she furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (RAGHUVENDRA S. RATHORE),J. tikam/- Item no. 41