What are the conditions for cancelling a anticipatory bail
ali
(Querist) 07 June 2016
This query is : Resolved
Dear experts
i need to get cancelled Anticipatory bail taken by accused who was arrested against my complain.
my lawyer says to get a bail is easy but to cancel is most difficult job.
why is it so.. when there are all evidences against the accused person why judges have to show mercy on criminals??
Is it fair ??
please advise
thanks
Devajyoti Barman
(Expert) 07 June 2016
Your kawyer is right.
The bail once granted is very difficult to get cancelled unless the court was misled by any material fact to grant bail or the accused person on getting bail violated the conditions of bail or tried to influence the witnesses.
Advocate Kappil Cchandna
(Expert) 07 June 2016
Sir,
You can refer my article for the same at https://kapilchandnaadvocate.wordpress.com/
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 07 June 2016
Expert Mr. Barman has given you inputs.
Check with your lawyer and show if you have any material evidence.
RAVI K GOUD
(Expert) 07 June 2016
The bail can be cancelled only when the accused jump the bail and on not following the conditions imposed.
And if the sureties not willing to stand as sureties, with the permission of the court the accused has to produce the alternative sureties, if he fails then the bail granted would be cancelled by the court.
Rajendra K Goyal
(Expert) 08 June 2016
Academic query in absence of material facts.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
Getting enlarged on bail shall not entitle him to be free from charges framed against him.
The evidences in your possession shall be useful for trial proceedings and not for objecting or cancelling his bail.
Until the conditions of bail has not been violated there are no chances for cancelling his bail at your fancies and whims.
Dr J C Vashista
(Expert) 12 June 2016
@Ali,
Are you confused or misleading experts?
Your lawyer has rightly advised, have faith in him, otherwise change him immediately.
What are the grounds for getting the bail cancelled?
Once an accused is admitted in anticipatory bail, s/he cannot be arrested without permission of the court and/or violating any term/condition imposed by the Sessions/High/Supreme Court while granting "anticipatory bail".
Accordingly there is discrepancy in the factual case and what have you stated, recheck.
Prima facie it is an academic query.