Cancellation of bail granted by the magistrate under Section 409 IPC

[Anonymous]

On my complaint, an offence under Section 408 of IPC was registered by police against my employee who had committed criminal breach of trust and misappropriation of Rs. five lakh belonging to me. Now he has obtained bail from the court of magistrate. The police is yet to recover anything from him. I do not understand how bail has been granted to him under these circumstances and the police is yet to recover any amount from him. How can his bail be cancelled?

[Dr. Ashok Dhamija]

There are two options.

One is to challenge the order of granting bail on merits on the grounds that the bail was wrongly granted; it can be done under Section 482 of the Criminal Procedure Code before the high court.

Second option is to file application for cancellation of bail under Section 439(2) of the Cr.P.C. before the Sessions Court or the High Court. However, please remember that cancellation of bail is possible only if there is a violation of the terms and conditions on which bail was granted or on the ground that the accused on bail is likely to abscond or has absconded or he is trying to tamper with the evidence or he is trying to influence or threaten the witnesses, etc.

     

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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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