Anticipatory bail cancellation request
Manpreet Singh
(Querist) 27 February 2019
This query is : Resolved
Dear experts, My wife has filed the petition in the high court for getting my bail cancelled. However ; the court proceedings in the lower court have not started properly. Case is in the evidence stage in the lower court . High court has sent the case into the mediation center of the high court. I have attended one mediation there and according to the mediator, the case will remain there for 90days. My question is, how come the high court has accepted the petition knowing the fact that case is in evidence stage in the lower court and the accusations are yet to be proved.? What will happen if I don�t agree for the reconciliation? What action can high court take ? Can they cancel the bail?
Suhail suhail
(Expert) 27 February 2019
As per the supreme court ruling ;
The anticipatory bail once granted should not be cancelled in a mechanical manner; it be cancelled on the grounds of;
interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice;
abuse of the concessions granted to the accused in any manner
possibility of absconding.
If you are following the directions issued by the court from time to time properly and there is no reason to show that your being free is not going to interfere with administration of justice ,you need not to worry.
The court cannot cancel the bail on the ground of your disagreement in re conciliation.
However if you remained absent from the mediation that may give bad impression to court.
You must cooperate with mediation and decide as per your free will that is your choice.
The courts accept any petition does not mean the courts formulate the opinion upon submission of petitions but the trail decides the matter.Appear in bail matter through your counsel and inform court about the facts.
Need not to worry,it can be pressure tactics from your wife.
Dr J C Vashista
(Expert) 28 February 2019
Very well analysed and advised by expert Mr. Bilal U Gani, I agree and appreciate his acumen.
Consult and seek guidance of your lawyer.
Manpreet Singh
(Querist) 28 February 2019
Thank you so much Mr.Bilal U Gani.
