Cancellation of bail

mukesh kumar (Querist) 15 April 2012 This query is : Resolved
Can a bail granted under section 167(2) of Cr.P.C.be cancelled by the magistrate suo motu on presentation of challan report under section. 173, Cr. P.C. against the accused, this in reference to the default bail. pl. guide

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Devajyoti Barman (Expert) 15 April 2012
YES HE CAN.

Raj Kumar Makkad (Expert) 15 April 2012
Such bail is not gets cancelled suo-motto. Bail once granted remains effective till the decision of the case so no cancellation of the bail occurs when challan is submitted by police.

prabhakar singh (Expert) 15 April 2012
विद्जन श्री मक्कड़ साहेब की राय से मैं सहमत हूँ
धन्यवाद् ,
भवदीय
प्रभाकर सिंह

R.K Nanda (Expert) 15 April 2012
No, bail cannot be cancelled suo motto by court.

Shonee Kapoor (Expert) 15 April 2012
Bail can be cancelled only on the violation of conditions.

Suo-motto action by courts in this regard are rarest, the court would first give you an oppportunity to be heard.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Adv.R.P.Chugh (Expert) 15 April 2012
No bail cannot be cancelled by the Court suo-motu, a default or compulsive bail once it is granted is as good as regular bail - cancellation of which can only be sought by the complaint/state - on grounds arising after the grant of bail (violating conditions etc) - and the mere ground that chargesheet has been filed is not enough for cancellation.

You are advised to go through - Uday Mohanlal Acharya v. State (2001 SC) a locus classicus on the subject.