Bail Cancellation

Please guide me can i pray in the highcourt to quash the bale of the accused person

Bail is the right of every accused and 498A is not such a charge that a person shoiuld be jailed. If the charges are proved and accused is found guilty at the end of trial he would have to serve the jail term that has been awarded.

There is no reason for which the court can cancel the bail that has been granted if the accused is meeting the bail conditions if you have any evidences use these in prosecuting him.

Unless proved guilty every accused is innocent and has a right to freedom and particularly in a charge of 498A which is just mental cruelty that may or may not be true.

it is batter to proceed further and prove that person is not aligible for bail.

On such condition Session Court or High court may cancel the bail of the accused and may order for his arrest. under 439(2) Cr.P.C.

@Suresh

One thing should be understood, that rejecting the bail application is easier than cancellation of bail.

Once the bail is granted, it becomes very difficult to cancel the bail as for cancellation you have to approach the court which granted it. So if it was granted by Sessions Court, then you have to first approach Sessions Court and High Court would not even admit your petition.

And as far as proofs are concerned, you can show these in the trial to strengthen your case.

Patience and perseverance are the keys to success.

//peace

/Saurabh.V