If the bail has been obtained by concealing the criminal past then proceedings for cancellation of bail can be initiated. Furthermore, when the accused to whom a lesser role has been attributed is still in jail the bail to the main accused is not sustainable.
Cancellation of bail
I lodged a case under section 308,325,323,504,506 ipc and 3(1)(10) Sc/St act and charge sheet is filled in same section in court. In which one accused in jail from 7 months and not get a bail yet Second accused which have described main role in charge sheet and has surrendered before court after court exercised 82 Crpc action ,,get a conditional bail from high court with in 45 days after concealing his criminal history as show no criminal history in bail application and by managing to AGA .Another fact is that surrender before lower court he is appear before high court lumsum 1 year ago for arrest stay which is denied by HC. 1 what can I do in this condition for cancellation of bail? 2 can any court cancel the bail on this ground?
Asked 8 years ago in Criminal Law
Religion: Hindu
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4 Answers
1) cancellation of bail is a harsh order because it interferes with the liberty of the individual. Hence, it must not be lightly resorted to.
2) Very cogent and overwhelming circumstances are necessary for an order of cancellation of the bail already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or abuse of the concession granted to the accused in any manner.
3) the order of cancellation is a so harsh and it requires convincing overwhelming materials to take back the accused in custody so as to lose his liberty of bail.
4) if accused has obtained bail by suppression of material facts you can make application for cancellation of his bail
Hi, Court can cancel the Bail only when there is a violation of the conditions of the bail and if the condition imposed in the Bail is not violated, court can't cancel the Bail.
1 what can I do in this condition for cancellation of bail?
2 can any court cancel the bail on this ground?
If you have substantial evidence to prove his criminal background and history, you should produce them before the high court along with an affidavit and intervene petition seeking cancellation of his bail application.
The evidences put forth by you as well as the reasons you make in your argument for opposing him to get enlarged on bail should be satisfactory and convincing the court hearing the bail application.
The strong objections raised by the affected person or victim or the defacto complainant with the support of evidences to the plea made, shall enable the court to decide against the bail application filed by the accused.
