Cancellation of bail

Querist : Anonymous (Querist) 10 June 2022 This query is : Open
A complaint was lodged in May 2022 in Pune Haveli police station by usand two other complainants of Pune against mr Sanjay Gaikwad of pune for cheating and falsly pretending as a veternary doctor doing Goshahal Business and prompting us to advance some money of Rs about Rs 8 lakhs to start business jointly with us in 2017.which money was never returned by him to ustill date nor he started the business jointly with us since the receipt of money by him in 2017/18

Pune Haveli police station filed an FIR and Charge Sheet filed against him u/s ,420,,506 of IPC and arrested him on 25/05/2022 and remanded him to police custody.

Today we heard that he has managed to get bail from the court

My question is how bail was granted without our presence?
How to cancell the bail granted to him?
What is the roll of police at this stage?
What should be our next step with Pune police

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P. Venu (Expert) 10 June 2022
It is not always the case that the de-facto complainant be heard before granting the bail to the accused.

Dr J C Vashista (Expert) 11 June 2022
A 1. It is easy to grant bail since "bail and not jail" is the basic principle in criminal jurisprudence but very difficult to cancel bail order except when the accused has violated bail condition(s).

A 2. The police shall investigate the facts, collect all probable evidence(s) to prosecute the accused.

A 3. You are required to follow the investigation agency proceeding

K Rajasekharan (Expert) 11 June 2022
Arrest is not essential in every non bailable offence. But arrest is a must in offences that may end up in death penalty or life imprisonment.

The law says that arrest can be made only when it is absolutely essential and on peculiar circumstances, as provided in the criminal law. Similarly a bail once granted cannot be cancelled except in extra ordinary situation of violation of specific conditions stipulated in the bail.

I have dealt with this issue, based on some Supreme Court judgments, in my write up at https://lawwatch.in/arrest-of-a-person-without-warrant-by-police/

K Rajasekharan (Expert) 11 June 2022
The law relating to cancellation of bail is dealt with in another article available at https://lawwatch.in/cancellation-of-bail-its-legalities/

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