There are two types of offences (i) Bailable offence, in this type of offence bail can be granted to the accused (ii) Non-Bailable offence, in this type of offence bail cannot be granted to the accused.
Meaning of Bail
“Bail means the temporary release of a suspect in any criminal offence who is awaiting court trail after paying the bail bond. It becomes applicable after arrest and becomes effective from the moment of the arrest.”
Bail is not a guarantee of complete freedom but it is a matter of conditional freedom.
When a person is accused of committing a crime and is arrested he/she has a legal right to file for bail, bail can be applied through an application which has a specific format. Bail is a type of security for giving assurance that the accused will be brought to the court whenever required. Bail can be granted or not it depends on the type of the crime if the crime is very serious in nature then the bail can’t be granted, whereas if the crime is of less serious nature the bail can be granted.
Types of Bail
(1) Regular bail
(2) interim bail
(3) Anticipatory bail
Let’s first see, Cancellation of Bail can Happen?
Yes, cancellation of bail can happen. Courts have the power to cancel a bail. The court which has released a person on bail has the authority to cancel the bail and direct the person to be arrested so as to put him into detention (courts have the power to cancel a bail, not the police). “Sub-Section(S) of Section 437, Criminal Procedure Code confers discretion on any court which has released a person on bail under Subsection! 1) or Sub-section (2), to direct that such person is arrested and commit him to custody if it considers it necessary to do so. This subsection empowers a Magistrate to cancel the bail granted to a person but that power is strictly limited to a case where the bail is granted by the Magistrate himself.” An accused who was released on bail, according to “Section 438 Criminal Procedure Code can be ordered to be arrested and committed to custody”. “Section 439(2), empowers the High Court and the Court of Session to cancel the bail already allowed to an accused including anticipatory bail.”
When bail gets cancelled: –
(I) when on bail the accused is repeating the same mistake again.
(ii) where the accused tampers with the prosecution evidence or otherwise impedes the course of justice.
(iii) where fresh evidence for believing that the accused has been guilty of an offence punishable with the death or imprisonment for life has been discovered.
(iv) where bail is granted in the wrong exercise of discretion.
(v) The accused runs away to a foreign country or goes underground or beyond the control of his sureties
(vi) He commits acts of violence, in revenge, against the police and the prosecution witnesses and those who have booked him or are trying to book him.
(vii) when the charge is amended or there is a change of circumstances.
(viii) when the accused fails to appear before the court.
(ix) when the insufficient sureties have been accepted through mistake, fraud or otherwise.
(x) when the surety for the attendance and appearance of a person released on bail applies to discharge the bond.
(xi) when the bond has been forfeited.
(xii)when sufficient reasons exist to cancel any bond for keeping the peace or for good behavior.
(xiii) where the accused had not only contravened the conditions imposed on them while granting bail but were trying to see that the sole eye-witness, viz., the son of the deceased who either kidnapped or was also finished, so that no evidence was available for the prosecution to substantiate their case.
(xiv)A perusal of the case diary shows that more numerous materials had been collected by the time of granting statutory bail under section 167(2) Criminal procedure Code and on consideration of those materials gathered up to filing the challan the Magistrate considers it necessary to cancel the bail.
(xv)The accused on bail committed misconduct or misuse of the terms of the bail bond or that the accused is tampering with the evidence or is trying to abscond after the charge-sheet has been filed.
(xvi) when the accused has imperilled the smooth course of an investigation or has been such acts, as in the opinion of the court, are sufficient to cancel the bail already given.
(xvii) whereby a preponderance of probabilities, it is clear that the accused is interfering with the course of justice by tampering with witnesses.
(xviii) where the court came to the conclusion that after the challan had been filed there are sufficient grounds that the accused had committed a non-bailable offence and that it is necessary that he should be arrested and committed to custody or that he has been tampering with the evidence or that his being at large is not in the interest of justice.
(xxi)where the person bailed out has done something which may cause an interruption in or obstruction to the smooth trial of the case against him.
Conclusion
Bail can get cancelled if the accused who is on bail does anything mentioned in above points, in short, a person on bail does anything wrong or contrary to the law which violates the law then that person bail will get cancelled by the court and he/she will be detained in police custody again.
Reference
- https://www.google.com/amp/s/www.lawyersclubindia.com/amp/articles/cancellation-of-bail-and-its-legalities-8551.asp
- https://www.google.com/urlsa=t&source=web&rct=j&url=https://shodhganga.inflibnet.ac.in/bitstream/10603/126644/11/11_chapter%25203.pdf&ved=2ahUKEwjVzvH3z_pAhU1zTgGHefwBgEQFjALegQIBRAB&usg=AOvVaw04F2i-9-GtkVvz6OViehca
- https://www.google.com/urlsa=t&source=web&rct=j&url=https://pg.punjab.gov.pk/cancellation_of_bail&ved=2ahUKEwj4-NqK3 _pAhUTwzgGHaGzDmIQFjAEegQIChAT&usg=AOvVaw0WVumE_nsTg7Nkaimjo3Ci
This Article is Authored by Utkarsh Aswal, Second Year B.B.A LL.B Student at Delhi Metropolitan Education (IPU Affiliated College).
Also Read – Can The Anticipatory Bail Be Cancelled?
