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
This discussion explores how to challenge temporary bail obtained by misleading a court, particularly when the accused used a false premise like a sister's wedding. Despite the initial denial by the court to cancel the bail, advice suggests approaching the High Court or Court of Session under Section 439(2) of the Cr. PC to seek the accused's arrest and recommitment to custody. The principle of 'bail not jail' is highlighted, but the possibility of cancellation exists if bail conditions are violated or if overwhelming circumstances warrant it.
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.
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.
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