Grant of default bail by a magistrate queries.
11-Jul-2023 (In Criminal Law)
If a accused have already released on default bail by a magistrate on the basic of No record found of submit of chargesheet from police station. After someday chargesheet have registered in court and now showing that chargesheet have already filled in 90 days so now, can magistrate cancel the bail provided to the accused?
Yes if the bail is filed in 90 days and that were the ground for default bail then the default bail can be cancelled under bad law followed.
Completely subjective of case.
Please feel free to reach out for further assistance
Completely subjective of case.
Please feel free to reach out for further assistance
Remedy against cancellation of bail
cancellation of bail under section 439(2)
Cancellation of bail bond under CrPC
Violation of bail conditions
Bail once granted cannot be cancelled Supreme Court
Landmark judgments on cancellation of bail
Supreme Court judgments on cancellation of bail
Supreme Court judgment on cancellation of anticipatory bail
yes, file a cancellation of bail application in the court of magistrate. Agrue on the application and get a order. This will make sure that the accused is again arrested. provided, the application has to be argued on stringent grounds.
No, the complainant or the state will have to file for cancellation. Unless there is a default by accused with regards to the conditions of bail or the bail is taken by playing fraud on the court, the bail is unlikely to be cancelled even if the prosecution files for cancellation
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