Cancellation of bail granted by session court

Rahoul (Querist) 09 December 2016 This query is : Resolved
My employer had filed a case against me under sections 420 and 408 on 7th July 16. The session court had granted me bail as per 439(2) on a condition to report IO every Sunday, and to cooperate him during investigation which I am still strictly following. I am trying to enter in the same business in which I was working as an employee earlier. My previous employer is supposing this move as a threat to his business, so he personally filed an application to the high court to cancel my bail on 29th Nov 16. This is not filed by the IO. What will happen in this situation?

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Guest (Expert) 09 December 2016
Business Competition Will Not be a Legal Ground To Cancel the Bail Where as Such Petition would help you to Justify the Case already filed is false with Corrupt Intention.Let your Advocate follow up the Status of case.

Kumar Doab (Expert) 09 December 2016
Contest thru a very able counsel.

Rajendra K Goyal (Expert) 09 December 2016
It seems he may not succeed, oppose the move through your lawyer.

Guest (Expert) 09 December 2016
Mr.R.K.Goyal Your Statement "It Seems he May Not Succeed " Better be Clear Please

ADVOCATE NITIN KAPOOR (Expert) 09 December 2016
Bail may be cancelled on the following grounds among others as per the verdicts of different Courts:

(1) When the person on bail is found tampering with the evidence either during the investigation or during the trial.

(2) When the person on bail commits similar offence or any heinous offence during the period of bail.

(3) When the person on bail has absconded and trial of the case gets delayed on that account.

(4) When it is alleged that the person on bail is terrorizing the witness and committing acts of violence against the police.

(5) When the person on bail creates serious law and order problems in the society and he had become a hazard on the peaceful living of the people.

(6) When it is found that the subsequent events make out a non-bailable offence or a graver offence.

(7) When the High Court found that there was a wrong exercise of judicial discretion to grant the accused bail.

(8) When the circumstances were proved that the accused has misused the liberty granted to him, it is sufficient ground to cancel bail.

(9) If the life of the accused person on bails itself be in danger.

It is pertinent to note herein, that these are only illustrative grounds not exhaustive ones. However, in view of your case at hand it seem unlikely that bail would be cancelled.

Adv. Nitin Kapoor
Mob: 8800692624

Guest (Expert) 10 December 2016
A Good and Detailed Explanation by Advocate Mr.Nitin Kapoor.Really Appreciated.

Kumar Doab (Expert) 10 December 2016
You have posted that:

"I am trying to enter in the same business in which I was working as an employee earlier. My previous employer is supposing this move as a threat to his business, "

Did you sign 'Non Compete' clause/agreement?

In any case, you can contest thru your able counsel.