WebNov 20, 2024 · Therefore, if a person is illegally or erroneously released on bail under Section 167(2), his bail can be cancelled by passing appropriate order under Section 439(2) CrPC. This Court in Puran v. WebMay 30, 2024 · It is referred to as Default Bail. The legal provisions pertaining to cancellation of bail are mainly contained in S.437 (5) and 439 (2) Cr.P.C. Section 437 (5) states that a Magistrate which has released a …
BAIL, ANTICIPATORY BAIL, MANDATORY BAIL & BAIL AFTER …
WebII Power to cancel bail Under the Code, the discretion to cancel bail can be exercised at the instance of either the accused, public prosecutor , the complainant or any other aggrieved party .6 The power to cancel bail already granted is vested in the high court, court of session as well as to other subordinate Courts including Magistrates. WebJan 7, 2024 · An application was filed under Section 439(2) of Criminal Procedure Code, 1973 read with Section 482 CrPC for cancellation of the anticipatory bail granted to … baur new balance
CHAPTER-EIGHT CANCELLATION OF BAIL - PhilArchive
Bail is a significant aspect of criminal litigation and is indisputably the most sought after instrument in the court of law. The settled doctrine laid down by the Supreme Court of India is that bail is the rule and jail is an exception. But the provision of cancellation of bail can sabotage this rule and rob the accused of … See more It is no doubt correct that cancellation of bail is not limited to the occurrence of supervening circumstances for a court to cancel the bail. In Ash Mohammed Vs. Shiv Raj Singh @ Lalla Babu and another [2012 (4) Crimes … See more So it is clear that a court has to exercise its utmost caution while dealing with an application for cancellation of bail. Once the bail is cancelled, … See more The Supreme Court has set a precedent that discourages the practice of cancellation of bail on reappreciation of facts. It has been laid out in Ramcharan Vs. State of M.P … See more Webcancellation of bail under Section 439(2) Cr.P.C. in the High Court by filing Criminal Petition No. 10524 of 2024. The High Court by the impugned order dated 30.11.2024 cancelled the bail granted under Section 167(2) Cr.P.C. dated 12.07.2024. Aggrieved against the order dated 30.11.2024, these appeals have been filed by the three accused ... WebOct 30, 2024 · 1. The present petition under section 439 (2) of the code of Criminal Procedure for cancellation of the bail of the accused/respondent No.1 is being filed by the petitioner/ complainant company through its authorised representative Sh. dave caljouw