Cancellation of anticipatory bail
Navi
(Querist) 18 September 2012
This query is : Resolved
Sir
We had registered FIR against 5 people under 420, 380, 120b, 465, 467, 468, 471 IPC.
2 Accused got anticipatory bail from sessio n court sayin they are just employees and they were given bail on condition to join investigation in 10 days but they didnot do so. Then after 15 days, they joined investigation but refused the theft and I.O. wrote in his report that accused did not make any recovery so their bails should be cancelled.
Now what shud be our next step, shud v file cancellation application in session court or shud Public Prosecutor file the cancellation application? Also wht shud v do to get their bails cancelled...plz help
Devajyoti Barman
(Expert) 19 September 2012
Mere not rediscovery of theft articles is no ground of cancellation of bail.
The cancellation can happen only if you could produce cogent proof of violating the terms as mentioned in section 438 of crpc.
THANKACHAN V P
(Expert) 19 September 2012
Cancellation of bail only in exceptional circumstances . The ground shown by you not a valid ground to cancel bail as rightly pointed out by Devajyothi .It is the PP to approach the court for cancellation of bail. since the conditions of bail are not violated ,the court may not inclined to cancel the bail.
JANAK RAJ VATSA
(Expert) 19 September 2012
it is the prerogative of the PP to approach the court for cancellation of the bail but in this case no conditions have been violated for grant of bail, hence the court if approached is unlikely to cancel the bail
Navi
(Querist) 20 September 2012
Sir..very rightly said..then wht is the remedy with us its been 2 mmonths FIR has been lodged...now if accused bails are not cancelled. they are set free....police is taking no action...my material worth Rs.1.7 Crores is with them at the site which they are missusing and no one is taking action against them...
Then wht is point of FIR if they not return my material and neither they are punished...wht shud i do??
THANKACHAN V P
(Expert) 20 September 2012
Criminal cases are filing only to punish the guilt. you should take appropriate civil action for your loss. if you do not initiate civil action you may loose your money.
