Cancellation of Bail

The Court has the authority to grant bail. It can also withdraw the concession of bail, either Suo moto, i.e. on its own, or the Application from the Complainant/Police or any other aggrieved individual. However, the Courts can exercise their power of cancellation of the bail with circumspection and care. Routinely, the Courts can refuse to cancel the bail, as it jeopardizes the personal liberty of the individual. The Courts generally cancel bails only when they find on record very overwhelming and compelling circumstances that are prevalent 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 can bail be cancelled?

• Bail given can be cancelled on the ground which has arisen after the bail was granted:

It is usually presumed that during the bail application hearing, all possible grounds have been raised by the prosecution which could go against the accused in the matter of bail and, therefore, when once bail has been given to the accused, the prosecution cannot get the bail cancelled on certain circumstances which may have 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 ground of cancelling of bail and grounds of rejection of the bail are different circumstances, and hence the approach of the Court will be different as well. The Court examines the possibilities of breaching bail conditions at the time of hearing the bail application and the Court must be more flexible and open. In contrast, during the hearing of the cancellation of the bail application, the Court will be more rigid. It has to evaluate not only the possibility of violations, but if the actual violation or breach has occurred or not. Here, the Court should be more rigid, and actual evidence of the breach is required.