Bail Cancellation - Help
Munish Kumar Garg
(Querist) 09 May 2011
This query is : Resolved
Hello members
In my case the FIR was got registered U/s 498, 307, 34 IPC against Husband, father-in-law, mother-in-law on the charge that they gave poisonous substance to complainant/wife and she was forced to take it, as her parents was not able to fulfill the dowry demands of her husbands family members.
The FIR was registered and the husband was arrested on that basis but the father-in-law and mother-in-law was granted bail in the case.
As in the contents of FIR it was specifically dictated to the police by the complainant that father-in-law and mother-in-law had jointly hold the hands of complainant and the posion was administrated by her husband, but the learned Sessions Court grant Anticipatory Bail to both father-in-law and mother-in-law on the basis that they were of near about 60 years of age and how they can assist/help for administrating the posion to the complainant.
So please provide me some latest case-law on this point by which the bail already granted to them get be cancelled.
Thanks in advance.
deepak kumar
(Expert) 10 May 2011
grounds for grant of bail are totally different from grounds of cancellation of bail. Now you will have to look for grounds of cancellation.
Munish Kumar Garg
(Querist) 10 May 2011
in my case the clear version of the complainant in FIR lodged by her that the posion was administrated to her by her husband in conspiracy with her father-in-law and mother-in-law and there is clear cut specific role was attributed to all accused in commission of the crime, but still they were granted anticipatory bail on the basis of age factor only.
Please give me some citations for grounds on cancellation of bail.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 May 2011
bail can not be cancelled. You or prosecution has to prove allegations by evidence than only conviction possible. From the face of it your story is not prefect, so no question of bail cancellation.
PARTHA P BORBORA
(Expert) 10 May 2011
Every accused has the right to bail. In your case, the accused persons are very old aged persons. So it is justified to grant them bail. Granting of bail does not mean that they are acquitted from the case. It simply means that they shall be released on bail forthwith in the event of their arrest. If there is sufficient incriminating material against them they may be convicted later on in the trial.
Munish Kumar Garg
(Querist) 10 May 2011
yes the substance that was administrated to victim/complainant clearly evicts from the report of the doctor who evidenced in his report that the poisonous substance was administrated to her and she remained admitted in the private hospital for 2 days.
Now it is sufficient ground for cancellation of bail or not.
M/s. Y-not legal services
(Expert) 11 May 2011
Bail can be cancelled.. But the defacto complainant can't be take steps for that.. Public prosecutor have to take steps.. He may invoke the extro ordinary jurisdiction of the honourable high court's..
Munish Kumar Garg
(Querist) 11 May 2011
but the state is not taking any such type of action, now the complainant want to take some action by approaching the high court for the cancellation.... can it be proper to approach the same.
deepak kumar
(Expert) 15 June 2011
complainant can file petition for cancellation but as stated earlier grounds for cancellation are different
