• Bail and surety cancellation

Hi ,
convicted Accused obtained Ex-parte Suspension of sentence order from session court in crim-Appeal for 8wks.Accused presented Bail & surety in Magistrate court on that order. which was expired on 28/10/2021 , Accused not surrender after expire of bail .
The trial court issued conviction warrant on request of complainant /SPP and police reported as absconding. Later accused suppressed Conviction warrant/ Absconding reports from police and obtained an obtained extension of Ex-parte Suspension of sentence order after 19days of expired previous bail and Obtained extension of bail on same surety & Bail , surety presented by advocate not on record.
trial court did not check violation of previous bail and extended the expired bail & failed cancel surety & forfeited surety bond amount.Now records in session court , can I still able to file cancellation of surety and Bonds in Magistrate court as an complainant or only in session court.
Asked 7 months ago in Criminal Law
Religion: Hindu

4 answers received in 2 hours.

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13 Answers

yes you can move for cancellation of the bail now

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

You may have to approach sessions court for cancellation of suspense of sentence order owing to the order obtained by playing fraud on court. 

Once the suspense of sentence order  is revoked then automatically the surety or bail will become infructuous.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Yes you can file application for cancellation of bail.

Further you need to specify here locus and facts of case for detailed advise. 

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

- Since, the trail court has already extended passed its order , then you should approach the Session Court after moving an application for cancellation of Bail extension granted after keeping the trail court on dark. 

- Further, if the bail will be cancelled then the surety bond also cancelled  simultaneously. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

The violations are with respect to the orders of court of magistrate you need to appear in the court of magistrate

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Dear Client,

You will have to file cancellation of surety and Bonds in the Session Court now.

Thank You

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

you cna complain to registrar about abuse of process of court 

 

2) insist on payment of costs for adjournment 

 

3) draw attention of court to fact that bail, surety filed by advicate is not on record 

 

4) file separate application for cancellation of surety and forfeiture of bond amount 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. There is no legal infirmity in a different advocate filing a fresh bail application or producing the surety afresh in this case, it is not essential that only the previous advocate has to handle the case always.

2.  The extension of suspense of sentence/bail is a routine matter and totally different to that of the subject by which you have filed the petition to cancel the bail, hence you cannot do anything about it when the court is yet to take any decision about your applications seeking to cancel the bail on the grounds you rely upon.

3. No, once the bail is cancelled then the bail bond also stands cancelled. 

4. How do you say it is nt valid in law and by which law or provisions of law that you think  it to be invalid?, if the court has accepted the bail application filed afresh from a different advocate then there is no legal infirmity in it.

5. You can look for citations through internet or your advocate.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear Client, 

You can complain to the registrar of the magistrate court about the abuse of the process of the court. You can get bail cancellation on account of its misuse. And you can file separate application for cancellation of surety and bond amount forfeit.

Thank you

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

You can file cancellation in the court which granted bail.

Approach higher court for directions if you feel any illegality

No need to file separate application if it's mentioned in prayer of your cancellation application

By objecting to it in filing your reply

 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. Only you can file the application before the Registrar , but the Registrar is not having power to cancel the Bai/surety , then you will have to approach the Magistrate/session Court .

2. You can approach the High court , if not disposing your application urgently. 

3. cancellation application is enough 

4. Press your cancellation application 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

you have merits to go for cancellation of Bail on the account of fraud in Court.

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

you make complain to registrar regarding abuse of court process and investigation can be initiated. but order for cancellation of bail can be made by court only.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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