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nitinjain (Engineer)     15 August 2010

cancellation of bail

Can a bail be cancelled once granted.

      In the case, accused had filed for quashing of case in high court judge Mr. X dismissted the petition. Then accused filed baill application in session judge, which also got dismissed.

Later he filed bail in high court but this time different judge and he got bail. can some one has authority to challenge the bail since chargesheet is not yet filed and investigation is on.


 6 Replies

Mohit Attri (lawyer)     15 August 2010

you didnt mention abt catagory of bail.wheatr it is anti ciptry bail or regular bail???bail can be cancelled iff suerty of  that bail bcme hostile orr suerty take back his suerty bond then after paying a fine according to rule the  court will cancell the bail bond.

nitinjain (Engineer)     15 August 2010

its a regular bail. But poin i want to emphasize is that in the same high court different observations are made by two difft judges.

while quashing of the case judge Mr A is stated that its a strong case against him and in bail order judge Mr  B says its not a strong case.

I dont belive this

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 August 2010

Strong case and granting of bail are two defferent things.

Bail is right in even non bailable offense to enable the accused to prepare for defense.

Bail once granted it is defficult to cancell unless the behaviour of the accused after grant of bails is criminal.

Thirugnanam (business)     16 August 2010

yes what MR.Shashikumar said is exactly.

SANJAY GUPTA (Advocate)     17 August 2010

for cancellation of bail you can file an application before the Hon'ble High Court stating the facts u/s 439(2) Cr.P.C.

Nitin Patel (Proprietor)     03 May 2012

An Ex-MLA charged for fraud was an absconder for 3 months and then appeared and immediately secured bail from Magistrate. This magistrate was subsequently suspended for fraud, not related to this case.

Now this Ex-MLA alongwith hired Gun Man goes around threatening people and grabbing land and extorting money for vacating the grabbed land.

Can his bail on grounds of his continued criminal behaviour and threat to general public?

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