Harsha (engineer) 16 January 2024

Cancellation of anticipatory bail u/s 439(2)

Hi Learned Advocates,

I would like to seek your advice. If a addln district and sessions court grants an anticipatory bail on a non-bailable offence u/s 482 of CrPC and if there is a violation of terms and conditions of the anticipatory bail and has all relevant documents for cancellation of his Anticipatory Bail.

Should the cancellation of Anticipatory Bail application be moved in the same sessions court or to the respective HC. I read in couple of CrPC books that cancellation of Anticipatory bail u/s 439 (2) can be done by the same court which granted the anticipatory bail or an High Court in case of application rejected by sessions court.

Some books state only High Court can cancel it. Could you please guide me in this regard.

Regards

Harsha

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9 Replies

T. Kalaiselvan, Advocate (Advocate) 16 January 2024

If the AB is requested to be cancelled then the court which granted the same should be approached for the desired relief.

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Advocate Bhartesh goyal (advocate) 17 January 2024

Yrs, The court which has granted anticipatory Bail has powe to cancel bail if terms and conditions are violated by accused so move to same court.

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Dr. J C Vashista (Advocate ) 17 January 2024

Sessions Court cannot exercise powers under Section 482 CrPC, 1973.

It is easy to grant bail (any type) but very difficult to cancel it. The facts and circumstances has to be introspected by the Higher Court.

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aditya salve 17 January 2024

session court has power to cancel the ABA but in most of the cases they rejected the application. but we have get the ground to appl in HC

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Harsha (engineer) 19 January 2024

thank you all for your suggestions. Should the state to be included as a petitioner or just the complainant and the accused ?

T. Kalaiselvan, Advocate (Advocate) 19 January 2024

Yes, the state ( police) should be impleaded as one of the respondents, because they are the complainant in the state prosecuted case.

Dr. J C Vashista (Advocate ) 20 January 2024

Of course, State is a necessary party to criminal case(s).

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Harsha (engineer) 27 January 2024

sir thank you for your guidance. State represented by PP is the respondent in the anticipatory bail case, however for cancellation of bail should the state be the petitioner or respondent. i believe the state should be respondent in my case. kindly correct me if I am wrong

Dr. J C Vashista (Advocate ) 28 January 2024

No, the State has to be a petitioner but not respondent, since the subject matter is to be handled by PP with the assitance of "private" lawyer engaged by the petitioner / complainant

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