There are many situations, where the bail once granted, could be cancelled. Section 439(2) of the Code of Criminal Procedure empowers High Court or Court of Session the authority to arrest and detain a person who was released on bail if there are valid reasons to do so. The power of the subordinate courts including Magistrates to cancel a bail comes from section 437 (5) of the CrPC.
Bail coul only be canceled based on reasons that arise after it was initially granted. If certain facts were hidden during the bail application or if the accused's involvement in other criminal cases becomes apparent later, bail may be reconsidered. Additionally, if the accused tries to influence witnesses or obstruct justice in any way, it could lead to the cancellation of bail.
- Violation of Bail Conditions: If the person granted bail fails to comply with the conditions set by the court, such as reporting to the police, attending court hearings, or staying away from certain individuals or places.
- Change in Circumstances: Bail can be canceled if there is a change in circumstances that justifies it. This could include the accused's behavior, new evidence, or other factors that were not considered when bail was granted.
- New Offence: If the accused is arrested for committing a new offence while on bail for a previous one, this can be ground for bail cancellation.
- Public Safety Concerns: If the accused poses a significant risk to public safety or is a threat to the community, the court may cancel bail to protect society.
- Non-Appearance in Court: If the accused repeatedly fails to appear in court when required, the court may cancel bail due to his non-appearance.
- Sound Judicial Discretion: Courts have the authority to cancel bail if it is deemed necessary in the interests of justice. This discretion should be exercised judiciously and not arbitrarily.
- Interference with Justice: If the accused tries to obstruct the legal process or interferes with how justice is served.
- Avoiding Justice: When the accused attempts to escape or avoid facing the legal consequences of his actions.
- Abuse of Bail: If the person misuses the freedom granted to him by bail for unlawful activities.
- Flight Risk: If it becomes evident that the accused is planning to flee the jurisdiction to avoid prosecution, the court may cancel his bail.
- Misuse of Bail: If the individual uses his freedom on bail for unlawful activities, such as committing another crime or engaging in activities that undermine the legal process.
- Interference with Witnesses: If there is evidence to suggest that the accused is attempting to intimidate or influence witnesses in the case, his bail can be canceled.
- Tampering with Evidence: If there is reason to believe that the accused is trying to destroy or manipulate evidence crucial to the case, this can lead to bail cancellation.
- Other Serious Circumstances: Any situation that makes it unfair to allow the accused to remain free on bail while awaiting trial.
There are established legal principles that empower courts to cancel bail, even without the presence of new supervening circumstances.
Some key principles include:
- Relevant Material: When the court granting bail disregards pertinent evidence while considering irrelevant material of substantial importance and trivial details.
- Abuse of Authority: If the court granting bail fails to consider the accused's position in relation to the victim, especially if the accused holds a position of authority, such as a police officer, and there is prima facie evidence of misuse of power over the victim.
- Prior Criminal Record: When the court granting bail overlooks the accused's prior criminal history and behavior.
- Untenable Grounds: If bail has been granted on untenable or unsustainable grounds.
- Serious Infirmities: When the bail order is marred by serious flaws that result in a miscarriage of justice.
- Inappropriate Grant: When the initial grant of bail was inappropriate, considering the gravity of the charges against the accused, which may disqualify him from receiving bail.
- Whimsical or Capricious: If the bail order appears to be arbitrary, whimsical, or perverse given the specific facts of the case
