How a interim bail is cancelled on urgent basis

Under Section 439 (2) bail can be cancelled.

@Pallavi,

There is an error in above post. You mentioned that, it was interim protection before arrest. Hence Sec.438IPC is attracted and under this section you can file for cancellation of interim bail in the same court where the interim bail protection was granted.

//peace

/Saurabh.V

It is most unfortunate on the part of our judiciary, that in an allegation of Section 376 IPC, interim protection from arrest was granted to accused, where as the proper course of action was to record the statement of prosecutrix under section 164 IPC and wait upon medical report of prosecutrix and accused and if both were positive, to keep the accused in custody till the trial was over or at least the prosecution evidence was over.  That is the normal practice where section 376 IPC is there.  Giving protection from arrest till the charge sheet is filed and giving interim bail to the accused are not proper judicial directions.  Any how, with all reliable evidence available with you, file an application for cancellation of bail and if the trial court rejects the same, approach the higher court (ASJ). 

@Chandu

I feel you are obsessed with "punishing" the accused than finding the truth first.

There have been instances where police in connivance with the complainant frames and fabricate false evidence to falsely trap the accused. So "Bail" is the most cherished provision enjoyed in the Criminal Jurisprudence. Only because any charge has ben slapped does mean the accused in the real culprit.

May be being an advocate you shoudl go through the philisophy of "Bail, Not Jail" and other similar pronouncements of the Hon'ble Supreme Court of India. This might open your eyes.

In fact, this provision also needs little ratification in the terms of applicability as explained very very nicely in a recent Supreme Court order on Anticipatory Bail. You must read that. Here is the citation:

Criminal Appeal No. 2271 of 2010 (arising out of SLP (Crl) No. 7615 of 200).

Here Supreme Court has elaborated the basic need why Bail is important and what is the position in other countries as well. 

Also in my view, the factor, that upon allegation alone, the whole machinery starts working against the accused who might turn out a poor scap-goat or innocent, is condemnable. I personally feel Cr.P.C. need basic rectification on the part of Police Procedure and properly protecting the rights of the accused. Also there should be stringent provisions if the complaint is found false at the end of trial.

//peace

/Saurabh.V

For finding the truth first, the accused in the rape case shall be put behind bars till the prosecutive evidence is over, so that he cannot torment/threaten or win over the prosecutrix (and in this case the same is happening as per Ms. pallavi's original posting and I find no reason to disbelieve her).  This is the practice through out India and in this case if prosecutrix statement under Section 164 Cr.P.C. is taken and medical report of prosecutrix indicates the intercourse and the accused medical report shows that he is capable to do s*xual intercourse, allowing the accused on interim bail is illegal and gives suspicion about the integrity of the judge.  The high court's dismissal of petition under Section 482 cr.p.c. is one more ground for the prosecutrix to seek the cancellation of bail.

@ saurabh V. I do not have time or patience to have legal discourses with you people.  I come on this platform to give legal advise  only to the seekers.  If they like they take it and if they do not like they reject it.  That is upto them and I always got tons of thanks from the advise seekers in the internet world and in the real world.  I think you note it down and do not interact with me in future.

chill out guys

well saurabh you think from heart

Chandu ji has practical approach

finding out truth requires refurnishing of entire criminal justice system which will be a herculian task

we are here to share views and knowledge and to help others

we are not supposed to thrust our thoughts upon each other and give rise to inner conflicts  

iam not siding anybody

@Raghav

I respect and appreciate your neutral views.

My point of view was not rape case but in general. Certainly the Author has not posted the details but yes the position was clear that the interim protection was also taken away and High Court also rejected appeals. The accused was brought to justice and for his deeds of first committing a gruesome crime and then again threatening the victim and beating to a grave level should be treated with strictness.

I got swayed in my post towards those cases where police in collusion with complainant fabricate false cases and then ruin the whole life of innocent. I still remember "TOI" news where Delhi High Court granted Rs.5L compensation to a poor mason who was slapped 10 different cases by Sarita Vihar SHO against whom he had filed a complaint in Vigilance Deptt. And one of these cases was of rape.. What solution do you have for such case? If we start taking EVERY case alike, it would be END of justice in this country.

//peace

/Saurabh..V