Cancellation of bail
Kebom Taso
(Querist) 06 May 2014
This query is : Resolved
on 9th jan'2014 an accused ( 19 yrs.) was arrested u/s 452/323/354/34 at 10.30 hrs., on the same day bail petition was moved to JMFC, on the same day JMFC granted bail to the accused. PP was not appointed (437 Crpc notes clause) and the comment of I.O clearly speak of prima facie involvement of accused in crime but JMFC released the accused, now today only I have been furnished with the relevant documents of the case, and the legal questions that arises is:
1. can I file for cancellation of the bail on ground of irregularity;
2. can CJM cancel the granted bail or I have to move Sessions or HC
or nothing can be done now for limitation or its a permissible process to grant bail on same day without appointing PP.
please suggest
Devajyoti Barman
(Expert) 06 May 2014
1. No, it is no ground of cancellation of bail.
2.You have to sessions or high court u/s 439 crpc.
Sankaranarayanan
(Expert) 06 May 2014
anwer is with your question itself . you have to move session or high court u/s 439 crpc
Rajendra K Goyal
(Expert) 07 May 2014
Agree with the expert Devajyoti Barman ji.
Kebom Taso
(Querist) 07 May 2014
thank you for your kind suggestions and reply
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
You cannot file application for cancellation of bail on the grounds of irregularity by the judge (JMFC), he can enlarge the accused on bail at his discretion based on the pleadings made by the accused in his application for bail.
If you intend to move an application on some other grounds, you may very well approach the sessions court.
