Bail cancellation

@engsg

You are right. There are many legal pronouncements and judgements on this issue.

The basic principle is that, "It is easier to reject a bail application than to cancel an already granted bail".

Also the legal and procedural position of cancellation of bail is that, it can be cancelled only by the court which granted it. If the bail was granted by the MM or Sessions, then the complainant has to first approach the same court to file for cancellation. Any such petition directly filed before High Court is liable to be dismissed.

//peace

/Saurabh..V

Saurabh 

1) Legal and procedural position of cancellation of bail is that, it can be cancelled only by the court which granted it. If the bail was granted by the MM or Sessions, then the complainant has to first approach the same court to file for cancellation.

2) Any such petition directly filed before High Court is liable to be dismissed.

3) The basic principle is that, "It is easier to reject a bail application than to cancel an already granted bail".

ANy section governs point 1,2 & 3 . 

The case law required on the above matter.

Thank you Saurabh & Pratik.

Honestly in our country i have seen that theory is one thing....and the ground realities are totally different.

Specially in cases where its a woman who complains....such as dowry, rape etc......they make personal appearances in courts n get innocent people into jail with no evidence.

1) See Sec.436IPC - Sec439IPC for details..

2) No section, but yes, procedural method is to approach the lowest court first. In cases which award more than 7yr jail, Session Court is approached for bail, always. A matter which could be settled in a lower should not be brought to higher courts without need.

3) There are judgments in this regard. You can search GOOGLE for this line and you would get over 10 of them.

//peace

/Saurabh..V

@engsg

The high court may cancel bail application on several reason.It depends upon the offence,past behaviour(offence),male,female,minor child,circumstances,evidences which against accused,running inquiry,age factor(recently activist Binayak Sen gor bail).

All its depends upon the discretionary power of the judge.

Also check out this thread in which A V Vishal gave reply.(information about bail)

https://www.lawyersclubindia.com/forum/bail-application-10736.asp