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Query regarding Cancellation of Bail
25-Jun-2023 (In Criminal Law)
When bail to accused in custody has been granted upon consent terms agreed between the parties without touching upon the merits of the case record, can the same be cancelled if such consent terms have not been adhered to?
First of all it is improper on part of. Court to grant bail on consent terms as prosecution is on behalf of state .the second aspect being if the offence is not of serious nature then too as per the Arnesh Kumar case law bail can be granted .
If the offence is compoundable with permission of court bail can be granted .
However in 498 A,406, cases bail can be granted even without the say of complainant.
Complainant is mere an informant or aggrieved or witness court does not requires his interference for bail.so you can challenge the bail if granted on consent terms but chances of cancellation of bail are remote
If the offence is compoundable with permission of court bail can be granted .
However in 498 A,406, cases bail can be granted even without the say of complainant.
Complainant is mere an informant or aggrieved or witness court does not requires his interference for bail.so you can challenge the bail if granted on consent terms but chances of cancellation of bail are remote
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Adv. Amresh Sharma
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