Cancellation of anticipatory bail
Navi
(Querist) 20 September 2012
This query is : Resolved
Sir
We had registered FIR against 5 people under 420, 380, 120b, 465, 467, 468, 471 IPC.
2 Accused got anticipatory bail from sessio n court sayin they are just employees and they were given bail on condition to join investigation in 10 days but they didnot do so. Then after 15 days, they joined investigation but refused the theft and I.O. wrote in his report that accused did not make any recovery so their bails should be cancelled.
Now what shud be our next step, shud v file cancellation application in session court or shud Public Prosecutor file the cancellation application? Also wht shud v do to get their bails cancelled...plz help
I could understand that grounds of cancellation of bail are not there but sir then wht is the alternative remedy? Accused are set free..they have my material worth Rs.1.70 Crores which they are missusing and no one can say them anything.Then wht is point of FIR, they are not even punishedd..nor my material is being recovered? Wht shud we do plzzz suggest..really in trouble
Devajyoti Barman
(Expert) 20 September 2012
Yo can challenge the order of bail on merit in the higher court.
Guest
(Expert) 21 September 2012
An Anticipatory bail is a conditional order giving protection to the accused from detention. It is contingent upon adherence to the conditions mentioned in the order. Anticipatory bail, once granted, can be cancelled only if the conditions mentioned in the order are not complied with by the accused.
It will be difficult to prove that the accused have violated the conditions mentioned in the AB order as the accused reserves the right to deny the offence alleged to have been committed by him. You can, therefore, challenge in the HC the AB order on the ground that considering the gravity of the offences AB should have been declined.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
sibasish pattanayak
(Expert) 28 November 2012
Navi,
i have no knowledge about the merit of your case as in your posting no discussion about the case in details, but if you want to move cancellation application you can, in a judgement HONOURABLE SUPREME COURT was pleased to expressed as, " CACELLATION OF BAIL IS THE RIGHT OF THE COMPLAINANT" ..........IN BRIJ NANDAN JAISWAL VS MUNNA JAISWAL CASE ,by Honble Mr. Justice TARUN CHATTERJEE, & HONBLE JUSTICE V.S.SIRPURKAR. while disposing SLP. (CRI)5126 OF 2007 ON 19/12/2008.
regards,
SIBASISH PATTANAYAK,
Advocate
09874854594 / 09477090999
mail: sibasish_adv@yahoo.co.in
pattanayaksibasish@gmail.com
