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ruchika (sad)     25 September 2012

Cancellation of bail



can u please guide me on the cancellation of the accused under section 498A/406/34?


their are six accused in the case. one of the accused nanad was never join the investigation and rest of the family claimed that the lady was in America wheras she was in Noida. the lady never applied for the anticipaotry bail, during the course of time, the police has filed the chargesheet before the court.

later, in the Domestic violence when the court issued Non Bailable arrest warrants against the lady the lady quietly applied for the regular bail. during the court procedding, either the complaint nor the investiging officer was present. still the court grant her the bail on the ground that the chargesheet has been filed.

recover proceedings are still pending. and also the lady has also left the country for abroad without informing the court.

please guide me can we file the cancellation of bail on this ground


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2012

If she has violated the court condition imposed on her while granting bail, then appplication can be moved to cancel the bail.

1 Like

ruchika (sad)     25 September 2012

but the conditions of bails are not mention in the orders. does the simple bail order also binds the person to whom the bail has been granted with the conditions?


The Broad Principles adopted in the courts with regard to Bail are:-

(1) Bail is a matter of right if the offence is bailable.

(2) Bail is a matter of discretion if the offence is not bailable.

(3)  The Policy is to allow Bail rather than Refuse it.

In your case, the bail has already been granted and unless and until there is some compelling conditions, the court will not cancel the bail.

The court will ask for some concerete evidence for cancelling the bail.  In such cases, Before Granting the Bail, the court ask for the case dairy and since no charge sheet is filed, the court has correctly granted the bail.

In the above mentioned contents, there are no grounds on which the bail can be cancelled. It will be better if you consult your advocate and act as per his advise. The complete case papers must be with him, so he is the best person to advise you.


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