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Can I file for cancellation of bail after filing of charge sheet
04-Mar-2023 (In Criminal Law)
I am original complainant in offence, of fabrication of valuable security & forging my signature, u/s- 420, 465, 467, 468, 471, 201, 34 of IPC. Accused created story that original of fabricated document is lost. Charge-Sheet is filed, accused is on bail. After Chrg-Sheet I received subsequent documents proving existance of original of fabricated document. My Query: (a) Can I apply for cancellation of Bail so that Police can take custody of accused to recover that document? Wher? (b) Is there any other remedy?
"It is well settled that the grounds for cancellation of bail under Section 437(5) and 439(2) of the Code are identical, namely, bail granted under Section 437(1) or 439(1) of the Code can be cancelled broadly when one or more of the following conditions are fulfilled: (i) The accused misuses his liberty by indulging in similar activity, (ii) Interferes with the Course of investigation, (iii) Attempts to tamper with the evidence, (iv) Threaten witnesses or indulges in similar activities which would hamper smooth investigation, (v) There is likelihood of the accused fleeing away to another country. (vi) Attempts to make himself scare by going underground graver offence. If any of these provisons is found to be true, then you can apply for cancellation of bail
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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