Shailesh yadav 29 February 2020

439(2) of Crpc

1.Ld. sessions court had rejected my ABA.

2. High Court has allowed Anticipatory Bail Application.

3. So, before which court I can file an Application for cancellation of Bail, whether High Court or Session Court.

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4 Replies

Adv Shrikiran.B (Advocate) 29 February 2020

Hello sir, why would you cancel your bail when high court has allowed the same? Once AB is granted, it cannot be cancelled unless you violate the terms and conditions of the bail.

Shailesh yadav 01 March 2020

actually sorry, it was not my ABA, instead the ABA was preferred by the Accused. and I am for the complainant

Adv Shrikiran.B (Advocate) 01 March 2020

An application for cancellation of AB has to be moved before the same court that granted the AB. You may need to convince the court that the accused is violating the conditions of the bail, trying to influence witnesses etc.. just have a consultatation with the public prosecutor for suggesions and help and proceed with filing the application in the high court.

Anand Bali Adv. (Advocate Solicitor & Consultant) 09 March 2020

Granted Bali only can be cancelled by the same court and if it is reejected then you can go toappeal in the higher court. Cancellation of the bail can only happen when the court is satisfied that the accused who was on AB or regular bail has done something violating the terms of the Bail granted. Otherwise not.