Cancelation of Bail
Bail is granted at the discretion of the court. It can also revoke the grant of bail, either Suo moto (on its own) or in response to an application by the Complainant/Police or any other aggrieved party. The courts, on the other hand, can apply their power to cancel bail with caution and care.
Courts frequently refuse to cancel bail because it endangers the individual’s personal liberty. Bail is usually only revoked when the court finds extremely overwhelming and convincing evidence against the accused.
Related Provision of laws
The S-439(2) of the Criminal Procedure Code deals with the cancellation of bail, which is:
The Criminal Procedure Code, 1973- S-439(2)- A Court of Session or the High Court may direct that any individual who has been released on bail under this Chapter be arrested and bring him to prison.
When is bail able to be revoked?
Bail can be revoked for the following reasons that have emerged since the bail was granted:
It is usually assumed that the prosecution has raised all possible grounds against the accused in the matter of bail during the bail application hearing, and that once bail has been granted to the accused, the prosecution cannot have the bail cancelled based on circumstances that existed before the bail was granted.
Elimination of material facts and conversion of offence:
If in the bail application, the accused does not reveal his involvement in other criminal cases, and sections are modified/ added in the FIR after the grant of bail/ anticipatory bail by the Courts.
If the investigating agency can demonstrate, that accused individuals have attempted to influence the facts and witnesses or otherwise tried to thwart the course of justice in any manner.
Ground for cancelling bail and ground for refusing bail are two different things.
The grounds for cancelling bail and the grounds for rejecting bail are two distinct situations, and the Court’s response will differ accordingly. At the time of hearing the bail application, the Court considers the possibility of violating the release conditions, and the Court must be more flexible and open.
The Court, on the other hand, will be more strict during the hearing on the bail cancellation application. It must assess not only the likelihood of violations, but also whether or not a violation or breach has happened. The Court should be more strict in this case, and concrete proof of the breach is required.