cpc

revisionapp against bail cancelled dueto breach of condition


Hi, the Sessions Judge has cancelled the anticipatory bail of accused due to breach of condition (i.e. marking presence once in a month in police station - violated continuously 5 times) mentioned in anticipatory bail order. Documentary evidence of such breach was provided.

 

Now the accused (opposite party for me) has challenged the said order in High Court as a Revision Application filed under Section 397 read with 401 of the CrPC. Can any expert please help in this as I (complainant) need to oppose the grant of any kind of relief to the accused. Kindly provide any judgment mentioning that the High Court can not interfere in such just discretion used by the Sessions Court for cancelling the bail.

 

Any other relevant input / judgment will also help a lot. Thank you.

 
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Advocate

The accused is utilising the provisions of law in his favor for revision of lower court order of cancelling his bail.  You may file an intervene petition under the same provisions of law stating the fact that the accused violated the conditions for grant of bail with some ulterior motive over which you apprehend dangers to your self or to the property, whatsoever it may be.  You will be given a chance by the High court to be heard, then explain your fears and consequences thereon. 

 
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Thank you for your reply. I have already filed my reply stating the facts and will use your suggestion while presenting my case.

 

I am in need of any judgment mentioning that the High Court can not interfere in such just discretion used by the Sessions Court for cancelling the bail. Kindly help on this.

 

Any other relevant input / judgment will also help a lot. Thank you.

 
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