cancellation of bail
aman
(Querist) 29 April 2014
This query is : Resolved
respected experts,
we filed a riminal case u/s 452,323,506,147,427 ipc against my brother ,his wife and his in laws..jst after 2 days my brother's father in law filed a counter case u/s 498a,323,324,506,3/4 dp act and 452,336 were added during investigation..against my brother ,me and my father..but in chargesheet they given an affidavit to the IO and they removed my brother's name from the chargesheet...
we went to the Allahabad H.court against the chargesheet u/s 482 crpc. for quashing bt H.court refused to quash the proceding and directd to get interim bail under the Amrawati ruling...we appeard in the CJM court..and got the regular bail from the CJM court ...main points of argument were-
1. our FIR was registrd 2 days before ,so its jst a counter attack.
2.husband name was removed from the 498a chargesheet ...although in FIR husbnd was the main accused...
now the opposite party is going to appeal in dist. judge court against bail granted to us by CJM...
plz tell is there a chance that our bail will be canceld..
if this happens thn how should we get instant relief..
is there any ruling of Supreme Court in which upper court rejected the bail cancellation apeal..
on what ground our bail could get canceld..
aman
(Querist) 29 April 2014
husband and wife are living together separately since their mariage..
Devajyoti Barman
(Expert) 29 April 2014
Bail once granted is hardly cancelled. So rest assured. It is their desperate attempt . nothing else.
V R SHROFF
(Expert) 29 April 2014
don't worry. bail will not be cancelled.
Sourav Das
(Expert) 30 April 2014
once bail granted, generally it can not be cancelled unless and until bail conditions are violated, and/or there is likelihood of absconding and/or accused are tampering the evidences and/or threatening to the witness.
all those above mentioned grounds must be proved beyond reasonable doubt.
there are thousands of supreme court judgment in this regard, like Sanjoy Gandhi v. Delhi Administration, Gulabhai Nanabhai Singla's case etc etc
Raj Kumar Makkad
(Expert) 30 April 2014
Only if the terms of the bail are openly and grossly violated by accused and it is proved by complainant beyond any reasonable doubt, only in that case, the bail can be expected to be cancelled.
aman
(Querist) 30 April 2014
thanks to all respected experts,,but they can try to accuse us for threatening their witnesses..in that case how we should get relief..
T. Kalaiselvan, Advocate
(Expert) 01 May 2014
Properly opined and suggested by all experts, nothing more to add except to state that an appeal against the dismissal of intervene petition to cancel the bail are generally not sustainable or being entertained, hence hope that the bail will not be cancelled.
aman
(Querist) 01 May 2014
thanks to all experts.
