Cancelation of bail.
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
Private complaint. IPC 409, 420.
Accused summoned. Not appeared, NBW ordered, on accused petition high court ordered to surrender before the magistrate, accused surrendered and got bail.
Accused is tampering witnesses. Now the complainant wants to cancel his bail. Who is the authority magistrate or High court?
kuldeep kumar
(Expert) 15 October 2011
i see no qualifying words in both section 437 and 439 as to who is vested with cancelling of bail.in my opinion magsistrate is not wrong if he cancel.moreover granting of bail is viewed to in different perspective.in section 437 legislature has made mag empowered to cancell bail.awaits more experts reply
Raj Kumar Makkad
(Expert) 15 October 2011
As the bail had been granted by trial magistrate on certain terms and conditions and if accused is found violating those terms then the complainant has good ground to apply before the same same for cancellation of bail.
Shonee Kapoor
(Expert) 15 October 2011
The court who granted the bail or any superior court can cancel the bail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 16 October 2011
The court who granted the bail or any superior court can cancel the bail.
Querist :
Anonymous
(Querist) 16 October 2011
But, in this case the bail was granted by the magistrate, by the order of the high court.
So, which court is having power to cancel the bail.
Raj Kumar Makkad
(Expert) 16 October 2011
In your query, you have written that while applying for anticipatory bail, high court directed to surrender before lower court wherein you obtained regular bail so power vests in lower trial court and if facts are otherwise then act accordingly. Main thing is a court which granted bail, has also power to cancel it.
anil kumar agarwal
(Expert) 16 October 2011
in this case high court can order cancellation of bail
Querist :
Anonymous
(Querist) 16 October 2011
Thank you experts.
Sanjeev
(Expert) 16 October 2011
HC dont grant bail unless rejected by the District court. No one can secure bail from HC without applying in lower courts. So as per your statement the HC would have given a general direction to the accused to surrender before lower court and the magistrate decide the bail plea on merits. If there is some direction from HC then there are better chances of bail so the accused would have sought such directions by filing a writ but the bail was actually granted by the lower court. So it can be cancelled by the court granting the bail and not HC.
Devajyoti Barman
(Expert) 20 October 2011
The Magistrate has also power to cancel the bail. No necessity to move to the high court directly.
