When can bail be Cancelled?

1. Interference or attempt to interfere with the due course of administration of justice;
2. Evasion or attempt to evade the due course of justice;
3. Abuse of the concession granted to the accused;
4. Possibility of the accused absconding;
5. Likelihood of/actual misuse of bail.

Who can apply for cancellation of bail?

The S-439(2) of the Code of Criminal Procedure, deals with the issue of cancellation of bail, which reads as under: The Code of Criminal Procedure, 1973- S-439(2)-A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

How do I cancel my bail in 498a?

Sections 437 and 439 of the Code of Criminal Procedure empower the High Court, Sessions court and the court which granted the bail, to cancel the same. The grounds for the cancellation of bail require superveining circumstances or the grounds as discussed by the Supreme Court in State (Delhi Admn.)

How many days will it take to get bail?

Dear, Generally it will take between 7 to 15 days max to get the bail either of the way it can be allowed or dismissed basing on the facts in FIR and other parameters.

Can victims cancel bail?

Hearing the case, justice N Anand Venkatesh said: “The Pocso court completely misdirected itself in holding that a petition for cancellation of bail can be filed only through a Special Public Prosecutor while the Pocso Act itself confers such a right on the victim and her family under Section 40.

Can statutory bail be Cancelled?

The power to cancel an order of bail passed by itself by the High Court or the Sessions Court as the case may be, can usually be exercised only where the person released on bail is guilty of misuse of the liberty granted by the court or there is substantial change in the facts of a case.

On what grounds can bail be granted?

The court can grant bail unconditionally or they can impose bail conditions if they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses. Any conditions imposed have to be both necessary and proportionate.

Can chargesheet be withdrawn?

Once the charge sheet is submitted, the process of trial starts and it is for the to decide whether the charge is established or not. The court can discharge the accused if there is no prima facei case. Otherwise you you will get full opportunity to show that the prosecution has failed to establish the charge.

Can a chargesheet be quashed?

Criminal proceedings against an accused person cannot be quashed merely because the charge-sheet was not filed by the police against some of his co-accused in the case, the Supreme Court has clarified. ... The case was based on a complaint filed by Suvarna Cooperative Bank in Karnataka.

What will happen after chargesheet?

The counsel for the-accused stated that as a matter of routine by lower-courts, once the chargesheet is filed, the accused is arrested by the Investigating-Officers or sent to custody by the courts themselves even if a person is not arrested during investigation; thus he was constrained to defy the summon and apply for ...

Can a bail order be challenged?

If Bail Order Lacks Reasons, Prosecution Or Informant Can Challenge It Before Higher Forum : Supreme Court. The Supreme Court held that if an order granting bail was bereft of relevant reasons then the same would entitle the prosecution or the informant to assail it before a higher forum.

When bail is a matter of discretion?

BAIL AS A MATTER OF DISCRETION GENERAL RULE: Before conviction, bail is a matter of right for all offenses punishable by lower than reclusion perpetua, as to which the prosecution does not have the right to oppose nor to present evidence for its denial.

How do you oppose bail?

What happens if bail is denied?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

Is bail possible in 307?

Ans. No, IPC Section 307 is not bailable.

How do you get bail in a 420 case?

In case of an offence committed under section 420 of the IPC, the person should approach the Court of Sessions to apply for the bail. In case the bail is rejected in the Sessions Court, it can be applied for in the High Court.

Which court can cancel anticipatory bail?

Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court. The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.

What happens after anticipatory bail is Cancelled?

We also clarify that after the surrender, the RespondentAccused will be free to seek regular bail before the concerned Trial Court and any such prayer shall be decided as per law, without being influenced by this order.

Is bail is possible in 498A case?

Once the FIR under section. 498a/406 is registered it is better option to take anticipatory bail in the offences as read in the FIR. When a specific provision is there for maintenance of wife and child such conditional anticipatory bail in 498a is against the law. ...

Can interim bail be converted to regular bail?

The High Court while referring to the Top Court's order dated October 7, 2020 had observed that there was no question of filing a second anticipatory bail application and the applicants should have complied with the direction of the Supreme Court by surrendering before the lower court and moving for regular bail.

At what stage FIR can be quashed?

Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.