Legal Question in Family Law in India
cancellation of bail
The concerned person got anticipatory bail from High Court , which was later regularised by the sessions court.
The person works for Govt. of India and was posted abroad during the whole episode. The High Court had imposed no conditions whatsoever while granting the bail. The fact that he is working abroad was in full knowledge of High Court while granting him anticipatory bail.
Now, the other party filed an appplication for cancellation of his bail stating that he left for his posting abroad (after regularisation of bail in sessions court) without seeking court's permission to do so.
The Sessions court dismissed the application on the grounds that the issue can be raised only in High Court.
The other party has appealed in the High Court and High Court has asked the person to appear in the court. What is the possibility of the bail getting cancelled and if cancelled, what are the remedies available for him??
3 Answers from Attorneys
Re: cancellation of bail
There is nothing to fear.
In this case the bail wont stand cancelled if you produce the documents which shows that he was posted outside the country at the time when bail was allowed.
Re: cancellation of bail
If he could prove that he was abroad on Govt service or any service purpose then he could be exempted from personal appearance by the court without cancelling bail.
Re: cancellation of bail
The bail should not be cancelled. He should produce documents about his posting abroad and a copy of the passport to establish that when he was allowed bail, he was already out of country.
nothing to fear; it is a good case for continuation of bail..
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