Legal Question in Family Law in India

Bail Cancellation

The person got anticipatory bail by Patna High Court . The HC order mentioned that person be released on sureties , subject to condition of 438 (2). The person was posted abroad in Govt. of India office, prior to FIR and prior to grant of bail. He came to India, surrendered in court and was released on bail. Later he left for his posting abroad.

The other party filed an application for cancellation of bail as he left India without seeking court's permission. The application was rejected by lower court on the grounds that the issue of cancellation can be dealt by only the court which granted the bail. Lower court also observed that the person left for government service not for any personal reasons.

On the appeal against lower court's judgment, High Court has asked the person to be physically present in next hearing.

What would happen if High Court cancels his bail on the next hearing? would person be arrested on the spot or sent to judicial custody ?? or High Court would ask lower court to issue fresh warrants for his arrest??What is scenario if the bail is cancelled and he is in court at the time of cancellation? where all he can appeal against cancellation? what r chances of getting fresh bail n where should he apply

Asked on 5/27/08, 8:01 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Bail Cancellation

there is hardly any chance of cancellation of bail;

you may even file an application in the High Court seeking exemption from personal appearance

however, a lot will depend upon contents of the FIR and the allegations against you.

in case the bail is cancelled and you are present in the court, you may be sent to judicial custody straight from the court;

however, the court may grant you time to surrender before trial court and may fix a date for the purpose; in that situation you may appeal to the

Supreme Court of India.

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Answered on 5/27/08, 8:27 pm
Lawbird in Delhi Taneja Law Office

Re: Bail Cancellation

If an adverse order is passed by the High Court, you have to prefer a remedy before the Supreme Court.

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Answered on 5/27/08, 8:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bail Cancellation

You can reapply for bail or seek relief in supreme court but you should have informed the court that for purpose of employment you have to leave india as you are in govt of india service.

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Answered on 5/27/08, 9:15 am

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