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rajiv rajan (rr)     12 July 2012

Bail cancellation

Three Accused in 304B and 498A all get regular bail . Hushand and brother from Session Court and mother from High Court.

bail cancellation application is file in session court 8 months back not even a single heaing is done yet now.

Oppsite party file bail cancellation of husband and brother.

Grounds of bail cancellation.

1. 226 has been dismissed and fact is hide at the time of taking regular bail.

2. 482 of brother is dismissed but for husband get expedite , as early as possible.

3. DJ not  listen the govt. lawyer and provided benifit to the party.

should bail is cancellation in these grounds. 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 July 2012

Hiding that a Art.226/482 petition has been preferred and has been dismissed, is concealment of a material fact. But that in itself is not a ground for cancellation of bail, cancellation of bail is always done on a post-bail circumstances, something that the accused did or did not do, which renders it no longer conducive that he should be out on bail. If a person has a grievance against the decision being wrong then appeal/revision is the way to go not cancellation. The third ground for cancellation is specious and would be discouraged and even frowned upon by the judge as it reeks of bias of the judge. 

ravindra (Analyst)     12 July 2012

If any court gives bail on condition and if that condition gets voilated then only megistrate cancels bail

Thanks

Ravindra Sonavane

rajiv rajan (rr)     12 July 2012

The third ground for cancellation is specious and would be discouraged and even frowned upon by the judge as it reeks of bias of the judge.

 

Sir I am not able to understand what u r saying


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