Cancellation of Bail for circumventing Police Custody
Querist :
Anonymous
(Querist) 23 June 2011
This query is : Resolved
Sir,
I filed Complaint against my nephew for attempt to murder under Section 307. My nephew was absconding for two months without surrendering to the court or police station. After that he surrendered before Metropolitan Magistrate for bail. The Metropolitan Magistrate taken him into judicial custody and after 7 days he was granted regular bail. As it may be the Investigating officer pleaded that still investigation is not complete and the weapon used by the Accused is not recovered from him. The I/O asked 5 days police custody. The Judge without enquiry or going through the record pronounced his judgement. Judge on his own without going into the case dairy and petition filed by the Investigating officer prounounced that investigation is complete and police was unable to arrest the Accused and accused is not absconding. PPA has not opposed the bail. Hence bail is granted.
Sir can I have right to ask for cancellation of bail. In which court should I file cancellation of bail under what section.
Please kindly let me know what is the procedure for bail cancellation.
Thanking you,
M.S.N
