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cancellation of Bail bond after accused breach the condition
13-Jun-2023 (In Criminal Law)
In my case Magistrate court failed forfeit Bail bond & surety bonds & not issue notice of penalty to accused & surety ,even after issuing NBW after previous Bail expired and police reported Accused absconding.Accused suppress this in Sessions court & continue to take 4 times extension of Expired S.o.S by filing memo. on the basis of this Extended S.o.S the magistrate court is recalled the warrant and continue to release accused on same Bail bond & Surety bond , which are supposed to forfeited after accused absconding from police in NBW. nnShould I ask PP to file application in magistrate court to forfeit Bail bond & surety bonds as this Bail & surety bond executed in that court and report failure of process of forfeit u/s.446A crpc.Both Magistrate & session PP padding the ball on each other , can complainant directly file application u/s 446/A or through session court PP as trial court record sent to session court.
Dear Sir,
You may ask the PP to file such application under Section 446A of Cr.P.C and see that bail bonds and surety bond are cancelled and amounts mentioned therein shall be recovered. You may also file another application before Sessions Court to cancel the bail or recall its earlier order for misleading the Court.
You may ask the PP to file such application under Section 446A of Cr.P.C and see that bail bonds and surety bond are cancelled and amounts mentioned therein shall be recovered. You may also file another application before Sessions Court to cancel the bail or recall its earlier order for misleading the Court.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Is violation of bail conditions by itself not a ground to cancel bail?
The Kerala High Court held on Thursday that failure to comply with bail conditions is not enough to cancel bail granted to an accused, as such cancellation would affect the persons personal liberty under Article 21. 11-Aug-2022
What is cancellation of bail 437 5?
However, Section 437 (5) can be interpreted as a provision that allows a Magistrate to cancel bail granted by a Magistrate on account of an offense not subject to bail. The same is true for Section 439(2), which gives the High Court and Sessions Judge the power to cancel bail. 22-Feb-2023
What is the procedure of cancellation of bail?
The Court cited section 437(5) where the Magistrate has the power to cancel bail that was already granted. The court can arrest and take someone into custody, if they deem it necessary. 23-Jul-2023
In certain situations, bail can be revoked. Bail can be canceled when there is a valid reason to believe the accused has not complied with bail conditions or that he poses a threat to the legal system.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Violation of bail conditions
Cancellation of bail by Magistrate
Provision for cancellation of bail
Cancellation of bail bond under CrPC
cancellation of bail under section 439(2)
Supreme Court judgment on cancellation of anticipatory bail
Supreme Court judgments on cancellation of bail
Landmark judgments on cancellation of bail
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