A division of Supreme Court held as follows,
From Paras 7 and 9, (Question of law formulated due to divergent views on the point)
7. From the submissions of the learned counsel for the parties and the pleadings on the record, following are the issues, which arise for consideration in these appeals:-
(i) Whether in a case where an accused has been bailed out in a criminal case, in which case, subsequently new offences are added, is it necessary that bail earlier granted should be cancelled for taking the accused in custody?
(ii) Whether re-registration of F.I.R. No.RC-06/2018/NIA/DLI is a second F.I.R. and is not permissible there being already a FIR No. 02/2016 registered at P.S. Tandwa arising out of same incident?
(iii) Whether N.I.A. could conduct any further investigation in the matter when investigation in the P.S. Case No.02/2016 having already been completed and charge sheet has been submitted on 10.03.2016 with regard to which cognizance has already been taken by Chief Judicial Magistrate, Chatra on 11.03.2016?
(iv) Whether the order dated 25.06.2018 passed by Judicial Commissioner-cum-Special Judge, NIA, Ranchi remanding the appellant to judicial custody is in accordance with law?
(v) Whether the power under Section 167 Cr.P.C. can be exercised in the present case, where the cognizance has already been taken by Chief Judicial Magistrate on 11.03.2016 or the accused could have been remanded only under Section 309(2) Cr.P.C.?9. The question, as to whether when an accused is bailed out in a criminal case, in which new offences have been added, whether for arresting the accused, it is necessary to get the bail cancelled, has arisen time and again, there are divergent views of different High Courts on the above question. On one side, the High Courts have taken the view that for arresting the accused, who is already on bail, in event of addition of new offences, the earlier bail need to be cancelled whereas the other line of opinion is that for new offences accused has to obtain a fresh bail order and the earlier bail order shall not enure to the benefit of the accused.
From Para 18,
18. Whether after addition of new non-bailable offence, police authority can straightaway arrest the accused, who is already granted bail by the Court, in reference to offences prior to addition of new offences or the police is to necessarily obtain an order from the Court either of cancellation of the bail or permission to arrest the accused in changed circumstances are questions where different views have been expressed by different High Courts. In the present case, the appellant was not arrested by the police after addition of offences under the Unlawful Activities (Prevention) Act, 1967, rather the police authorities had made an application before the Court for issue of production warrant since the accused was already in custody in jail in reference to another case.
From Para 29, Issue No.1 answered.
29. In view of the foregoing discussions, we arrive at following conclusions in respect of a circumstance where after grant of bail to an accused, further
cognizable and non-bailable offences are added:-
(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested.
(ii) The investigating agency can seek order from the court under Section 437(5) or 439(2) of Cr.P.C. for arrest of the accused and his custody.
(iii) The Court, in exercise of power under Section 437(5) or 439(2) of Cr.P.C., can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person
who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.
(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail.
Citations: [2019 INSC 706], [AIR 2019 SUPREME COURT 3193], [2019 (3) AJR 689], [AIRONLINE 2019 SC 397], [2019 CRI LJ 3801], [(2019) 2 ALD(CRL) 453], [(2019) 2 GUJ LH 617], [(2019) 3 ALLCRILR 540], [(2019) 3 ALLCRIR 2574], [(2019) 3 CRILR(RAJ) 807], [(2019) 3 PAT LJR 265], [(2019) 3 RECCRIR 538], [2019 (4) KCCR SN 252 (SC)], [(2019) 4 MH LJ (CRI) 397], [(2019) 75 OCR 321], [(2019) 9 SCALE 120], [2019 CRILR(SC MAH GUJ) 807], [(2020) 110 ALLCRIC 654], [(2020) 206 ALLINDCAS 219], [2020 CALCRILR 1 233], [AIR 2019 SC( CRI) 1138]
Other Sources:
https://indiankanoon.org/doc/129162686/
https://www.casemine.com/judgement/in/5d39d2253321bc0f0457d8a1
https://www.legaldeskai.in/case-law/in/sc/judgment/pradeep-ram-versus-the-state-of-jharkhand-anr-2019-8-824-868
https://vlex.in/vid/crl-no-000816-000817-852332646
Index of Anticipatory Bail Judgements is here.