Can police cancel anticipatory bail granted by court
My uncle was being granted anticipatry bail by chandigarh lower court in 2013,now last week the person who has filed the case against him has filed another fir that the signatures on the affvidevit filed by uncle at the time of applying ab were not his signatures and these were signed by my uncle's lawer. my question is once granted bail by the court can be cancelled by police on this allegation UNDER IPC SEC.468,471,120B AND 193
Asked 3 years ago in Criminal Law from Chandigarh, Chandigarh
it was a case of evacuating my uncle from his leased property
Asked 3 years ago
1. Police cannot cancel the bail granted by the court. It can be cancelled only by the court.
2. If it is proved that the affidavit was signed by your uncle's lawyer and not uncle the bail will in all likelihood be cancelled.
This is not ground for lodging FIR. ask the police whether FIR is registered or not. i believe the police must not have registered the FIR in which event he need not take bail once again.
If yes, then he will have to take bail once again. For cancellation of bail the state can apply for the same. Automatically the bail would not be cancelled.
Only High court and District court have power to grand Anticipatory bail. Police cannot cancel the bail granted by the the said court. The power to cancel the bail is vested in the court.The cause alleged for lodging new FIR is not sufficient for taking a case with out proper investigation expert opinion.
no, until & unless it is proved that there is any forged signature on the affidavit.
but the govt/PP/Complainant filed any petition for bail cancellation before Court.
Advocate, New Delhi
The police or the petitioner who has filed the petition to cancel the bail has to prove the allegation for seeking cancellation of bail, if he fails to so the application/petition may be dismissed.
The bail was obtained in a different case and the police can arrest you uncle in the second FIR as no bail has been obtained in the second FIR. Hence it is advisable if the police has arrested him then file a regular bail else file anticipatory bail in the second FIR lodged against him.
1. No. Bail granted by Court can not be cancelled by police,
2. The said person should have filed a petition before the same court which had granted the bail alleging that the signature in the petition is not of the applicant.
1. The police has no jurisdiction in this matter now unless it is found that there has been really a forgery of signature,
2. However, your Uncle can very well affirm that it was his signature and it can not be challlenged.