Bail cancellation
chiranjib mukherjee
(Querist) 09 September 2014
This query is : Resolved
one accused was granted bail on the ground that he has been detained in custody for 92 days and the statutory period is over but he could not submit the bail bond on that day and on the next day the charge sheet was submitted in the case and he submitted bail bond after submission of charge sheet and his bail bond was not accepted and his bail was cancelled.
is there is any judgement for or against?
venkatesh Rao
(Expert) 09 September 2014
Virtually, by legal implication, he is on bail and what was due is execution of bonds. Non execution of bonds and offering of sureties does not in any way the cause for cancellation of bail; unless the accused is reported to have violated conditions imposed if any. Filing of charge sheet does not ipso facto carries with it that bail shall be cancelled. Once the accused is on bail, be it on merits or on statutory grounds, it cannot be cancelled without there being an application for cancellation on compelling grounds.
Rajendra K Goyal
(Expert) 10 September 2014
Appeal to the higher court against cancellation of bail orders.
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
The bail will stand cancelled only when the conditions are not complied with it, your query appears that the accused approached the court for execution of bail beyond the period stipulated or the cancellation orders to be seen for giving a proper opinion.
