Criminal Procedure Code, 1973
Section 439—Bail—Case of cheating and forgery with bank—No doubt that prosecution has reserved its rights for filing supplementary charge-sheet but the same cannot be a ground to decline bail to petitioner in the present case—At the time of dismissal of previous bail application, allegations against petitioner were under Sections 420/467/468/471/120B IPC but order passed by trial court, charges against petitioner were framed only under Sections 420/120B IPC which clearly shows that circumstances have changed since then—Though the prosecution has reserved its rights for filing supplementary charge-sheet but at this stage no such charge-sheet has been filed by prosecution to bring up additional charges against petitioner and matter is still listed for recording of evidence before the Trial Court—Petitioner is in judicial custody for last two years and charges have been framed only under Sections 420/120B of the IPC—Recording of evidence has started before the Trial Court—Bail application allowed.
[Paras 6 & 7]