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Moin Imran Khan   06 December 2021

modification of bail condition

can same court which granted bail modify bail condition or it can be done by only appellate court?


Learning

 2 Replies

Kawmini Liyanage   07 December 2021

Greetings!

The simplest answer to your query is "can the same court which granted bail modify bail condition or it can be done by only appellate court?" yes and no. 

Modification of bail is recognized under the Criminal Procedure Code of 1973. Section 437(5)

"Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody."

Grants authority to the court that granted bail to review the bail. Further, this has been acknowledged through the decided case of Brijesh Singh -Vs- State of Karnataka [2002] CrLJ 1362. Where the magistrate who granted bail has the power to alter or cancel previously granted bail. 

to answer the latter part of your query, section 439(1)(b) of the Criminal Procedure Code states as follow;

(1) A High Court or Court of Session may direct,—

"(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:"

Which grants authority to high courts and courts in session t alter any bail application that has been already granted s think fit or in the event fresh evidence emerges regarding the matter in question. 

So in conclusion,  the exact court which granted it has the authority to make amendments to the bail application they set out. and at the same time the power vests with High Courts or Court in Session as well.  

 

Megha   31 January 2022

Hi,

Section 439 of the Code of Criminal Procedure, 1973 (CrPC) accords special powers to the High Court and Sessions Court regarding bail.  As per sub-clause 1 of section 439, a Magistrate, under the directions of a High Court or Sessions Court, can set aside or modify any condition imposed by him when realeasing a person on bail.    

Further, sub section 2 talks about the power of the High Court or Sessions Court to direct any person released on bail to be arrested and commited to custody.  

Accordingly, a bail application can be modified by the same court and an appellate authority.  

Best regards,
Megha


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