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rajiv rajan (rr)     28 February 2012

Cancellation of bail

In 304B and 498A  (Three assused)

1. Husband 2. Brother 3. Mother

Husband and Brother get regular bail from Session Judge.

Mother is in Interim bail from last 1 months because opposite party file bail cancallation application for husband and brother.

Grounds for cancellation of bail is.

1. There WRIT (226) is dismissed by Allahabad High Court.

2. 482 for Brother is dismissed but for husband expediteorder from HC.

3. Charge sheet is not submitted by IO.

4. DJ has give benefit to the husband and brother.

5.They hide that their 226 has been dismissed. 



Learning

 14 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Bail won't be cancelled on these grounds.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

only on these ground bail will not be cancelled.  Bail will be cancelled if any bail conditions are violted.

1 Like

rajiv rajan (rr)     29 February 2012

Dear Sir,

Kindly give any details or any recent judgement where the bail cancellation application has been dismissed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 March 2012

Dear Mr.Rajiv,

Cancellation of Bail is a serious encroachment on a person's liberty and is not to be done as a matter of course, only when the person's being at large is rendered not conducive to fair trial (i.e if the accused threatens witnesses, destroys evidence, or tries abscond etc.) Because Bail is a concession - which is not to be exploited or abused. However for cancellation of bail - it should be a post-bail circumstance. Something that the accused did after bail was granted to him. It is not a challenge to the order of grant of bail - for which appeal/revision would have been the right remedy. 

Hence in a nutshell for cancellation a very good case has to be made out. 

On the facts that you've mentioned it is very unlikely that the court would cancel the bail.

The landmark judgments in this regard are :-

1) George Williams v. Public Prosecutor (1956 ! not sure) 

2) Daulat Ram v. State of Haryana (1994 SC)

3) State of WB v. Hazari Lal Das (2007 SC) 

1 Like

rajiv rajan (rr)     01 March 2012

Dear Sir,

from where i get the following judgement

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

Try www.indiankanoon.org

 

Or it can be gotten from any distruct court library.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv rajan (rr)     14 April 2012

During last hearing of Bail Cancellation the opposity party advocate says that they conceal the facts their stay of arrest has been dismissed . at the time of taking regular bail.

so bail should cancelled on that ground of concealment of facts.

But DJ has given date for hearing. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 April 2012

:-) I think you have a good chance of success, if these things are the only point your opposite lawyer is raising.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv rajan (rr)     15 April 2012

 

Sh Shonee Kapoor Sir,

Opposite lawyer is fighting for one thing is that they concealment of facts at the of taking regular bail one more thing we donot spent single day in jail for 304B and 498A.

what is chance to cancel of our regular bail.  Next hearing is date is near.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Bail once granted is rarely cancelled.

 

What is the material point that you have concealed????

 

You can always come for regular bail, when the stay on arrest is dismissed. And if the prosecution has erred in bringing forth the necessary facts before the court, accused should not be punished for the same.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv rajan (rr)     15 April 2012

 

Should we can fight with the support of that judgement

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28131 of 2011 

 

 

Petitioner :- Smt.Rekha 
Respondent :- State Of U.P. And Another 
Petitioner Counsel :- Santosh Shukla 
Respondent Counsel :- Govt. Advocate 

Hon'ble Arvind Kumar Tripathi,J. 
Heard learned counsel for the applicant and learned AGA and perused the record. 


This present bail cancellation application has been filed with a prayer to set aside the bail granted by order dated 21.09.2011 passed by Sessions Judge, Auraiya in Case Crime No. C-61/2008, under sections 498A, 323, 504, 506 I.P.C. and section 3/4 of D.P. Act, P.S. Kotwali Auraiya, district Auraiya. 


Learned counsel for the applicant contended that in the present case by concealment of fact, the opposite party No.2 filed application (482 Cr.P.C.) No. 21082 of 2011 which was disposed of with the direction that the consideration of the bail application of the applicant be decided within 20 days, if applicant appears before the court concerned within the stipulated period. An earlier criminal Misc. Writ Petition No. 16623 of 2008 was filed in which the matter was referred to the High Court Mediation Centre vide order dated 15.09.2008, however, the mediation was failed. Thereafter, an application (482 Cr.P.C.) No. 19008 of 2009 was filed, challenging the proceeding, in which the applicant was granted liberty to move an application for discharge and further direction was that if the applicant appears before the court concerned within 30 days from 26.08.2009, the bail application shall be considered expeditiously, if possible, on the same day. The opposite party No.2 did not surrender within the stipulated period of 30 days and by concealment of this fact, he filed another application (482 Cr.P.C.) No. 21082 of 2011 which was disposed of on 06.07.2011. Thereafter, he surrendered before the court concerned in compliance of the order dated 06.07.2011 and he was released on bail by the court below by order dated 21.09.2011. Hence, the bail application of the opposite party No.2 is liable to be cancelled. 


From perusal of the record and bail granting order dated 21.09.2011, it is clear that
there was no allegation regarding concealment of fact in the bail application before the court from where the bail application was allowed by order dated 21.09.2011 even without any direction , the bail application can be considered by the court below. If there was any concealment of fact in the application under section 482 Cr.P.C. then the applicant was free to move an application before the appropriate Bench for recall of the order or for passing afresh order.

 

There is no good ground to cancel the bail of opposite party No.2, hence, it is not a fit case for cancellation of bail at this stage. 


The bail cancellation application is accordingly rejected. 
Order Date :- 31.10.2011/Sunil Kr Tiwari 

Nitin (Manager)     16 April 2012

shonee sir, can the bail be granted in gurgaon when the complaint is lodged in delhi?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

Rajiv, Good judgement can favor you. Regards, Shonee Kapoor harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

Nitin,

 

Technically, transit bail can be obtained from Gurgaon, but getting bail in Delhi is much easier.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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