Can High Court be approached directly for cancelling bail granted by Magistrate?

Can High Court be approached directly for cancelling bail granted by Magistrate?

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Question:
Is it possible to directly approach the High Court for cancelling bail granted by a Magistrate? Is it not necessary that first the Sessions Court should be approached against the order granting bail issued by a Magistrate?

 

Reply:
The High Court and the Sessions Court, both have concurrent powers under Section 439(2) of Cr.P.C. to cancel the bail granted by a lower court. Therefore, a person can directly approach the High Court under that provision for cancellation of bail, instead of first approaching the Sessions Court. Section 439(2) of Cr.P.C. is reproduced below for your information:
“(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.”
Therefore, there is nothing wrong if the High Court is approached directly against an order of bail issued by a Magistrate. The High Court has sufficient powers to cancel such bail.
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About Dr. Ashok Dhamija

Dr. Ashok DhamijaDr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, is author of 3 law books, and is an ex-IPS officer. He is the founder of this law portal. Read more by clicking here. List of his articles. List of his Forum Replies. List of his Quora Answers.

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