Naseem Qureshi
Asked April 19, 2017

Challenge Bail

  • 1 Answer

How can cancel bail of accused under section 354 , 354 d , 506

Answer 1

A bail once granted may be cancelled subject to certain provisions of the Criminal Procedure Code.

Section 439(2) provides that the High Court or Sessions Court may direct that any person released on bail may be arrested and committed to custody. However any person granted a bail by the High Court could be committed to custody only on the direction on the High Court. The High Court also has the power to stay bail orders granted by a Sessions Court.

Generally it has been found that bail has been cancelled when the person on bail has been found to tamper with the evidence during investigation or after trial, or commits a crime of a similar nature for which he has been convicted or commits any other heinous offence when on bail, or absconds, or is terrorizing the victim, or commits acts of violence against police, or has become a hazard on the peaceful living of people. The court may also cancel bail if the subsequent events lead to the person being charged of committing a non-bailable offence. The High Court may cancel a bail on discovering that the bail was granted by misuse or incorrect exercise of judicial discretion.

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