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Syed Mudasir   21 September 2021

temporary bail obtained by misleading court

one notorious drug peddler manage
d his temporary bail on the plea that his sister is going to b married . . when court was approached for cancellation of the bail order on the grounds that the accused has misled the court and claim of the accused is baseless and is previously involved in two cases registered under NDPS act. But unfortunately Learned Court was in a denial mode . What should b further course of action


 4 Replies

Pradipta Nath (Advocate)     21 September 2021

What is stand of PP in this case?

minakshi bindhani   21 September 2021

As per your query illustrated query!

once bail granted should not be cancelled mechanically without considering whether any cogent and overwhelming circumstances. Proceedings for cancellation of bail are not like an appeal from the grant of bail.

However, as per your query, you may apply to section 439(2) before the High court or court of session under Cr. PC to direct the person who has been released on bail to be arrested and commit him to custody.

Hope it clarifies the issues!

Regards
Minakshi Bindhani

Dr. J C Vashista (Advocate and Legal Consultant)     22 September 2021

The bail can be cancelled/ reconsidered / reviewed only when terms and conditions imposed in granting bail has been violated. "Bail and not jail" is the foundation of criminal jurisprudence.

P. Venu (Advocate)     22 September 2021

Why you are desirous that the bail requires to be challenged?

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