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suresh choudry (junior exeutive)     29 April 2022

Cancellation of anticipatory bail

 

Accused got anticipatory bail on medical grounds but not complied the conditions that is to attend the police station on tuesday and saturday. police filed for cancellation of bail before the magistrate court on 9th March 2022, but the accused went directly to high court on 22nd March 2022 by suppressing the facts that cancellation of bail application is pending before the magistrate court and got extension of time order. moreover the extension of time petition is filed with fraudulent name because of this police did not received the communication about the extension of time applied by the accused. Whether we can file for cancellation of bail on the above conditions and what are the chances for cancellation of bail.The police did not bothered to apply before high court to inform about the same to the high court. what is the remedy for this.

The Extension of time was ordered on 28th March 2022 the petitioner for the above is with a fraudulent name and in the Case status when tried in the website it shows as revoked on 31st March 2022. The difference noted between the two is till 28th March 2022 that is till the extension of time order passed the petitioner name is fraudulent name and after revoked on 31st March 2022 the petitioner name is reverted back to the original name. There is no order copy available in the high court website.



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 5 Replies

Pradipta Nath (Advocate)     29 April 2022

The victim can file cancellation of bail petition.

1 Like

Divya Vijayan   30 April 2022

Hello sir!

Anticipatory bail is provided under section 438 of CrPC, it depends upon whether:-

  • There is any prima facie or reasonable ground to believe that the accused had committed the offence
  • Nature of allegations
  • Chances of the accused absconding
  • Whether the accused is a habitual offender
  • Chances of the accused creating hurdles in the fair investigation or the trial
  • Chance of witness or evidence being tampered with
  • Case required custodial interrogation.
  • Likelihood of the offence being repeated
  • Nature of evidence
  • Frivolity in prosecution should always be considered.

Smt shakuntala vs state of madhya pradesh march 30 2016, the court set aside the order of anticipatory bail on the grounds that the document submitted to the court was forged. 

1 Like

Dr J C Vashista (Advocate)     01 May 2022

You are the complainant / victim or accused or counsel for either of them or someone else, i.e., what is your locus standi / concern / problem?

Gagandeep Goel (Advocate)     03 May 2022

Cancellation of anticipatory bail can only be done by a court which granted the same and not by a court lower in rank. In the present case if the Anticipatory bail has been granted by the Hon'ble Sessions court then the Sessions court or the Hon'ble High Court shall have the exclusive jurisdiction to cancel the anticipatory bail by considering the grounds which shall be stated by the victim and by the counsel of the state before The appropriate court.

The local police was wrong in filing the cancellation of anticipatory bail before the trial court. The suppression of facts can be bought to the knowledge of the Hon'ble High Court by the victim/complainant by filing an Intervening application to the said effect And appraise the Hon'ble court Towards the same.

 

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com

1 Like

suresh choudry (junior exeutive)     06 May 2022

Respected Sir,

My Wife is the complainant. the below comments received from Respectable Sir Gagandeep Goel Advocate is the absolute reply for my query. producing below the comments Recived from Sri Ganganeep Goel Advocate for your kind veriifciaton. Anything below mentioned comments and advise if you can provide on my subject will be of great help to me.

Cancellation of anticipatory bail can only be done by a court which granted the same and not by a court lower in rank. In the present case if the Anticipatory bail has been granted by the Hon'ble Sessions court then the Sessions court or the Hon'ble High Court shall have the exclusive jurisdiction to cancel the anticipatory bail by considering the grounds which shall be stated by the victim and by the counsel of the state before The appropriate court. The local police was wrong in filing the cancellation of anticipatory bail before the trial court. The suppression of facts can be bought to the knowledge of the Hon'ble High Court by the victim/complainant by filing an Intervening application to the said effect And appraise the Hon'ble court Towards the same.

Read more at: https://www.lawyersclubindia.com/forum/cancellation-of-anticipatory-bail-223935.asp#reply


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