Bail cancel
Kamal Grover
(Querist) 22 September 2009
This query is : Resolved
On what grounds now a days bail can be cancelled.
Coz one of my clients husband was brutely murdered and all the accused were convicted but they file the appeal and get the suspension of sentence in the meanwhile.
Now they r moving around the house of my client. I have applied and court has grnted police security also.riven
Adinath@Avinash Patil
(Expert) 22 September 2009
Mr.Kamal'
Bail-cancellation of- Threating of the witness of dire consequences-Bail cancelled-No reason to inter fere.
Mehboob Dawood Shaikh v/s State of Maharashtra.
2004 AIR[s.c.]2890.
2004[3]SRJ 114.
2004[4]CRJ 588.
2004[2]SCC 362.
2004[1]Scale 418.
2004[1] Supreme 526.
Please go through the above case law,you will get grouds for cancellation of bail.riven
Sarvesh Kumar Sharma Advocate
(Expert) 22 September 2009
if investigation is pending then disturbing the i.o. is also the solid ground .
and i m also agree with mr. adinath.riven
Raj Kumar Makkad
(Expert) 22 September 2009
Your case is fit wherein bail can be cancelled. Refer cases cited by Adinath.riven
Sachin Bhatia
(Expert) 22 September 2009
Threatening of the witness or complainant is a sufficient ground for cancellation of bail.riven
PARTHA P BORBORA
(Expert) 22 September 2009
if the accused willfully violets the condition of bail, if he tried to hamper the investigation and temper with the evidence as well as if he threaten the witnesses, his bail may be canceled. but it is very difficult cancel a bail already granted.riven
Kamal Grover
(Querist) 22 September 2009
Thanks MR.Adinath and all other members
But how the girl can prove that she has been threatened coz they do so through STD phone or while she visit in the market.
Regardsriven
Kamal Grover
(Querist) 22 September 2009
It is since long she and her family members are under protection since last four years and now police is also lineant in this case and wants to withdraw the security. It was a inter caste love marriage and therefore the whole village is against my client and therefore they all are helping the accused and some due to fear did not give any evidence for threatening.riven
Raj Kumar Makkad
(Expert) 22 September 2009
Details of phone received through STD is no problem these days. The STD holders are required to keep details of all subscribers though I know no one keeps this record but if a particular STD is repeatedly used by accused then STD owner can be tapped and with his help the accused can be identified but another situation is very bad. In case none is in the village to help your client or even police and villagers are against him, it is better to migrate at some respectable place rather living at such dangerous place. In Haryana various murders have taken place in similar matters even in the custody of police.riven
Adinath@Avinash Patil
(Expert) 22 September 2009
Mr Kamal,
Be possitive & confident now a days calling from STD booth/Std calls from mobile are tresable. you can ask your client date & time of threating calls then approach to the booth you will find some evidence.You can adduce affidavit booth center or other witness.I think court will believe grounds of application of cancelling bail.riven
