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Grounds for cancellation of regular bail on misconduct of accused


15-Oct-2023 (In Criminal Law)
Can bail will be cancel on the ground that the bad conduct of accused and misusing his liberty of bail by interfering in other matters of the complainant which he do not have locus standi. 2) Can a regular bail get cancelled when new facts are arise and involvement of other people whose names are not mention in FIR are revealed.
Answers (4)

Answer #1
580 votes
yes the bail can get cancelled on the grounds that the liberty of bail is been missed by the accused who on bail at present or the condition which is been kept mandatory by the court to be followed by the accused will be the best ground for cancellation of the bail new grounds can be taken into consideration by the court as well too .

Answer #2
812 votes
Hi yes it can be cancelled and all where the court may see his conduct and all where the court will also see that what else is the matter pending on him and all what does the fir say andnall what are the new facts s and all in the case
Answer #3
744 votes
Hi,

Regarding your query:

Yes, you can proceed to file an application for cancellation of bail on the grounds enumerated below.

Provision for cancellation of bail is contained in Section 439(2) which contemplates that the Court of Session or the High Court can cancel the bail granted to an accused. The said section is reproduced hereunder for ready reference:

“439(2) A High Court or Court of Sessions may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.”

pre-conditions as defined by various courts for cancellation of bail can be summarized as under:

I. The interference or attempt to interfere with the due course of administration of justice by the accused.
II. The evasion or attempt to evade the course of justice by the accused.
III. The accused has abused to the liberty granted to him by the court.
IV. The accused misuses the liberty by indulging in similar criminal activity.
V. The accused interferes with the course of the investigation.
VI. The accused attempts to tamper with the evidence or the witnesses.
VII. The accused threatens witnesses or indulges in similar activities.

The powers as provided under section 439 (2) are wide and sweeping. The said powers can be exercised for canceling any bail however if the bail has been granted by the court of session, the same would be canceled by the Court of Session or the High Court. If the bail has been granted by the High Court, the same can only be cancelled by the High Court.


IMPORTANT TIPS ON CANCELLATION OF BAIL
An application should be moved before the court which has granted the bail stating all these grounds or the related grounds stated above for cancellation of bail of the accused. Based on the facts of the case, the court will consider all the grounds and order for the cancellation of the bail if the said grounds are found to be correct.

One has to lodge a complaint with the police detailing the conduct of the accused pointing out the violation of the terms of the bail as fixed by the court before approaching the court for cancellation of bail.
The facts should specifically point out that the accused is interfering or attempting to interfere with the investigation and the course of justice.
The facts should also clearly state that the accused is evading or has attempted to evade the course of justice.
It should be brought to the knowledge of the court that the accused has abused the liberty granted to him by the court.
The accused has misused his liberty by indulging in similar criminal activity so the court should cancel his bail.
The accused interferes with the course of the investigation of the case.
The accused attempts to tamper with the evidence or witnesses of the case.
The accused threatens witnesses or indulge in similar activities.

The application for cancellation of bail and the law related to the same are very complex and the services of highly qualified lawyer should always be taken by making all strong grounds.
Answer #4
792 votes
Dear Client, bail can be cancelled if there is sufficient proof as such of misconduct or interfering in , with complainant.

in your 2nd part getting new finding against accused or any other accused get on record by court or police. that would not effect bail cancellation., unless any other new case involved in in which separate bail if needed be taken

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