in 498a case going on for a year and the accused going every hearing and PW not present. Last date the accused were sitting outside the court and they are informed that their bail has been cancelled by the prosecution lawyer and advices to get their lawyer as they can be arrested . the accused go to lawyer who is in argument s in asj court but in 15 min by 12:45pm he accompanies them to the court but asks them to sit outside as the majistrate could arrest and he will be help less there. on seeing the lawyer enter the judge gets up and walks out as he knows the lawyer is going to request. then accust wait outside and at 1:30pm lawyer goes in requests and for 30 min and comes out says he is not agreeing. he has cancelled the bail granted by high court, issue NBW and notice to surity. when written order comes it's written that multiple calls till 430 and no one came nor council so the order on just one date. now new anticipatory bail applied today I. session has gone to same session judge where the lawyer has arguing . we are applying for CCTV footage in rti as we were present and wanted to know of crpc 91 can also be applied with 438 to get our phone tower location. this order can not be challenged but what can be the remedy as the order is a total lie . we will get bail but the majistrate will harass again.
Post the grounds on which the learned magistrate cancellede the bail granted by the High Court. Cancellation of bail is more dificult than granting bail as granting bail is within the discreationary power of the court but cancellation of bail must be on solid grounds. Supreme court has made it clear that just bexause a person is charged with an offence does not mean that arrest should be automatic. accordingly, grounds of bail cancellation has to be seen.