magistrates powers to cancel bail
vsreddy
(Querist) 06 April 2011
This query is : Resolved
in the context of a 498A case in a family court:
where A1 (husband) who is an NRI does not appear in the court from the beginning and where A2 (father) and A3(mother) have been attending adjournments regularly.
Can the bail of A2 and/or A3 be cancelled for want of the appearance of their son (A1) in the court proceedings. If yes, under what law and procedure or whether the magistrate is empowered with discretionary powers?
If the cancellation really happens what is the relief available to the A2 and A3?
prashant pundhir
(Expert) 08 April 2011
Court is not the police that force innocent ones to compel him to appear else his nearest and dearest will get torchered . Magistrate will not on any cost will reject the bail of father and mother on this ground .Again sorry that there is not any Law to force any one to bring any accused .Although court have the power to force the accused to by seizing his property u/s 82&83cr.p.c.
