How to modify or revoke onerous bail conditions

[Anonymous]

While granting bail the magistrate imposed an onerous condition of reporting to the police station every second day (on all even days). The accused on bail has already complied with this condition for about 15 days but it is mere formality because the police merely makes him wait for 2-3 hours without any work. It is also acting as harassment. The accused is willing to go to police station whenever required, but asking him to go routinely has led to his harassment. Can this condition of bail be modified or revoked, say to visit police station whenever police calls or say once in 10 days or something like this?

[Dr. Ashok Dhamija]

Yes, it is possible to get the bail conditions modified or revoked. For this purpose, you may apply to the sessions court with appropriate grounds under Section 439(1)(b) of the Criminal Procedure Code, which lays down that “A High Court or Court of Session may direct … that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified”.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts