Who can file application for cancellation of bail?

Can bail be Cancelled once granted?

Observation of Hon'ble Court

It is settled that once bail granted should not be cancelled in a mechanical manner without there being any supervening circumstances which are not conducive to fair trial. 3.

Can 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.

Is cancellation of bail and interlocutory order?

Rev. No. 146/18 Ravi Budhiraja & Ors vs State & Ors cancellation of bail is not an interlocutory order and it has an element of finality and thus the same is revisable order and revision petition is maintainable against the impugned order.

Who can file an intervention application?

Any person who want to assist the court in deciding a case which is already filed, can file Intervention Application (IA) to the Court. If the court allows IA filed by the applicant, they can intervene. As per order XVII of Supreme Court Rules 2013 .

Can bail be Cancelled in 498a?

[4] Bail granted under Section 437 may be cancelled by (i) the High Court, (ii) Court of Sessions, or (iii) the court that released the accused. The accused husband has repeated the same offence of cruelty under Section 498 A IPC, by entering into a second marriage without obtaining a divorce from the first wife.

When can an interlocutory application be filed?

Where limitation has not been prescribed by the Rules or under any other provision of law, every interlocutory application or miscellaneous application shall be filed within thirty days from the date of the order or the cause and shall be accompanied by an application for condonation of delay in case the same is barred ...

On what grounds can bail be refused?

danger of accused absconding or fleeing if released on bail. character, behaviour, means, position and standing of the accused. likelihood of the offence being repeated. reasonable apprehension of the witnesses being tampered with, and.

Under what circumstances bail can be Cancelled under CrPC?

State of M.P (2004 13 SCC 617) where the Apex Court has held, “Bail can be cancelled on the existence of cogent and overwhelming circumstances but not on reappreciation of the facts of the case.” The reason is due to the provision of Section 362 of CrPC which bars a Court from altering or reviewing any case where a ...

How many times can bail be applied?

Bail application once rejected can again be filed if there is any change in circumstances. There is no prohibition to file a successive bail application unless there is a change in circumstances. So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet.

Can complainant question the bail?

It is now a settled law that complainant can always question the order granting bail if the said order is not validly passed. It is not as if once a bail is granted by any court, the only way is to get it cancelled on account of its misuse.

When can default bail be Cancelled?

The bail of such accused who has been released, because of the default on the part of the investigating officer to complete the investigation, can be cancelled, but only on the ground that after the release, charge-sheet has been submitted against such accused for an offence under TADA.

What is change of circumstances in bail application?

successive bail applications are permissible under the changed circumstances. But without the change in the circumstances the second application would ... that successive bail applications are permissible under the changed circumstances. The change of circumstances must be substantial one which.

How do you oppose a bail application?

Who can modify the conditions of bail?

High Court Can Exercise Inherent Jurisdiction U/S 482 CrPC To Modify Bail Conditions, S.

How long is bail valid for?

Validity of the Bailable warrants are till the next date of appearance in the trial court. You just need to appear on the date fixed in the trial court , rest there is no need to worry about it. It is just to procure your presence in the trial court.

What is the purpose of interlocutory application?

“Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. The orders which are passed in those applications are called as interlocutory orders[1].

What are the types of interlocutory application?

Two types: Sheriff Interpleader[3] and Stakeholder Interpleader. INJUNCTIONS: generally described as a discretionary and equitable order of the court commanding or restraining the respondent from doing an act.

Who are the parties in interlocutory application?

An interlocutory application is a request made by one party, asking the relevant court to make orders to help with their case's preparation or procedure.

Can husband file 498A against wife?

A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

How many times wife can file 498A?

legally speaking, there is no limitation to file 498 A. Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.