Cancellation of a bail granted by the sessions court in a cheating case

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    • #2115
      Anonymous
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      I have been granted bail by the sessions court in a cheating case under section 420 of the IPC. now I understand that the complainant has approached the high court for cancellation of my bail. the police has not approached the high court for cancellation of my bail, it is the complainant who has approached the high court for cancellation of my bail. I am worried now whether my bill can be cancelled, please advise me.

    • #2126

      Though the complainant has the right to apply for cancellation of bail, it can be done only on certain specific grounds. Please note that the considerations for cancellation of bail are different from the considerations on which the bail is granted.

      Usually, the bail can be cancelled on the following grounds (and, may be some more):

      • The accused has absconded or is likely to abscond.
      • He is threatening the witnesses or trying to win them over.
      • He is destroying the evidence.
      • He has committed a fresh offence after being released on bail, more so if the fresh offence is of the same nature.
      • He has violated any other terms on which the bail was granted.

      You have not mentioned in your question as to on what grounds the complainant has approached the high court for cancellation of your bail. Unless there exist some solid grounds for cancellation of bail, usually the high court would not interfere and would not cancel the bail which has been granted to you earlier.

           


      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.

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