Who can file for cancellation of bail?

Asked by: Dorian Lowe  |  Last update: November 12, 2022
Score: 4.9/5 (37 votes)

497(5) CrPC. Bail cancellation of - Suo motu powers -- Sessions Judge or Additional Sessions Judge i.e. Court of Sessions, can exercise suo motu powers to cancel the bail only on new, fresh and other grounds such as misuse of bail etc. (2) S. 561-A & 497(5) CrPC.

Can bail be Cancelled in India?

A Court of Session however, cannot cancel a bail granted by the High Court unless new circumstances arise during the progress of the trial after an accused person has been admitted to bail by the High Court.

How do I stop bail?

Yes you can file an objection by virtue of an affidavit filed before the hon'ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can grant bail to the accused.

When a granted bail can be Cancelled?

In the full text of verdict, the HC also said, "The learned judges of the courts below shall not cancel bail of an accused granted by the High Court Division in pending rule or appeal until or unless the rule is discharged or the appeal is dismissed or in any way the accused violates any condition of bail, if any, ...

When can bail once granted be Cancelled?

However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.” 1 (1995) 1 SCC 349 at ¶ 4.

Cancellation of Bail. Criminal Procedure Code simplified

18 related questions found

On what grounds bail can be rejected?

An order rejecting a plea for bail in non-bailable offences is in the discretionary domain of the Court and such a case can be decided without delving into details, it can be rejected simpliciter on the gravity of the offence and the perception that liberty, if granted, will be abused by the accused.

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.

What does it mean if bail is Cancelled?

This means you have been released from custody without charge and no obligation to return on bail to the police station for the offence for which you were questioned for. However, this means the investigation for this matter will continue.

Can bail be Cancelled after charge sheet?

Supreme Court issued guidelines for granting bail after filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused's conduct during the probe.

Is order of bail appealable?

That is, if it is an order of the magistrate which grants bail then a petition under section 439 (2) can be filed before the court of session or the high court. However, if the order granting bail was passed by the court of session, then its legality can only be challenged before the high court.

When can bail be rejected in bailable offence?

However, it is well settled that bail granted to an accused with reference to bailable offence can be cancelled only if the accused (1) misuses his liberty by indulging in similar criminal activity, (2) interferes with the course of investigation, (3) attempts to tamper with evidence of witnesses, (4) threatens ...

Who can cancel bail in a bailable offence?

If an accused misuses his liberty the Court which granted bail has full powers to cancel it. Even a Magistrate to whom a case is transferred is also empowered to cancel bail.

How do you oppose a bail application?

6 ways to ensure you never get bail
  1. Give a false name. Nothing screams you have something to hide like giving a false name. ...
  2. Give a false address. ...
  3. Try to run or hide away. ...
  4. Make the process difficult for the police. ...
  5. Threaten the police or witnesses. ...
  6. Hide away evidence or obstruct investigation.

Who can modify the conditions of bail?

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

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.

How do I cancel my bail 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.

What happens when bail rejected in High Court?

In case the High Court rejects your bail application then you can file the application again before the Sessions Court on account of change in circumstances. The Sessions Court can grant bail upon a subsequent bail application only if there is change in circumstances.

Can interim bail be Cancelled?

So yes, the court has inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances.

How many times can bail be rejected?

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 High Court reject appeal?

Further, in case the appeal does not involve any substantial question of law, the High Court has no other option but to dismiss the appeal. However, in order to come to a conclusion that the appeal does not involve any substantial of law, the High Court has to record the reasons.

Can magistrate modify bail conditions?

437(5), S. 397— Magistrate has power to alter, amend or delete some of the conditions of earlier bail granted by him - Also, grant of bail being inter-locutory order, revision is not maintainable against subsequent order modifying the same.

Can bail order be modified?

P.C. it is vivid that High Court is vested with the power to modify any condition imposed by a Magistrate while passing an order of bail u/S. 437 of Cr. P.C. whereas Section 439(1)(a) of Cr.

Can I drop police charges?

If charges are dropped after the trial begins, the prosecution must request the court to allow the charges to be dropped, and the court may or may not give their consent. For a charge to be dropped, the prosecutor will either withdraw some or all charges.

Can police oppose anticipatory bail?

Can Police call someone for investigation even if granted anticipatory bail by the court? Yes, certainly. The court only forbids the arrest but does not prevent police from calling the accused for investigation.

How do you argue in bail matter?

Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the ...