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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