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Lord Ganesha (service)     27 November 2013

Can the bail granted by the court be cancelled by court?

Dear Experts

I was granted bail in a case u/s 498 A on the basis of an verbal agreement between the two parties. Now the other party has failed to honour the condions of agreement.. in such circumstances can the bail granted by the cort will b cancelled by the court or taken back ???

thanking you in advance



Learning

 3 Replies

K*I*L*L*E*R (tech)     27 November 2013

What u mean by verbal agreement,

As far as agreement is concerned it should be written on stamp paper signed by both parties and accepted by court or it should be done inside the mediation centre of the court againg sined by both parties and accepted by court now these are called agreements and anyone getting backoff from these will favour the opposite one

But verbal agreement is not an agreement and anybody can backoff from it nobody can scold other party in that case

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 November 2013

Dear Querist

read the section 439. Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section;
(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

Shantanu Wavhal (Worker)     28 November 2013

ur post is not clear.

if u are enlarged on bail and other party has not complied with the compromise, then, i do not see any reason to cancel YOUR bail.


denyal of bail is one thing and cancellation of bail already granted is another thing.

bail once granted is not mechanically cancelled. very cogent reasons are required.


dont worry.


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