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Section 438 cr.p.c.

(Querist) 14 February 2013 This query is : Resolved 
can a person's bail bond be cancelled on the basis of medical report which converts a simple injury into grievous after one and half year and then sec. 326 ipc is added whereas the same person was released on bail u/s 324 ipc by police , now PP is saying that police can't take bail of 326 ipc as it is non bailable offence.
Advocate Ramesh (Expert) 15 February 2013
On the basis of medical report the person's bail bond cannot be cancelled only they can alter the section specified in FIR may change in chargesheet
Adv. jaya dadhich (Querist) 15 February 2013
police has already changed sec. 324 to 326 and now s h o has moved application in court to cancel previous bail bonds of sec 324 ipc
Nadeem Qureshi (Expert) 15 February 2013
Dear Querist
Police or complainant can move an application for cancellation of bail, it is discretionary power of the court to reject or not.
Raj Kumar Makkad (Expert) 16 February 2013
Such accused shall have to again seek his bail as the earlier bail was granted only under section 324 IPC whereas he has been challaned now under section 326 IPC.


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