What are basic principles for cancellation of bail?

It has been held in various judgments of this Court as well
as Hon'ble the Supreme Court that bail can be cancelled in case, the
order of bail is perverse and the same has been passed ignoring the
evidence on record or by taking into consideration irrelevant material.
The concept of setting aside an unjustified, illegal or
perverse order is totally different from cancelling an order of bail on
the ground that the accused had misconducted himself or because of
some supervening circumstances warranting such cancellation. While
considering the petition for cancellation of bail, the Court is to consider
the gravity and nature of offence, prima facie case against the
accused, the position and standing of the accused. If there are very
serious allegations against the accused his bail may be cancelled
even if he has not misused the bail granted to him. There is no
absolute rule that once bail is granted to the accused then it can only
be cancelled if there is likelihood of misuse of the bail. There are
several factors, which are to be seen while deciding the case of
cancellation of bail. It is also to be kept in mind that individual liberty
cannot be accentuated to such an extent or elevated to such a high
pedestal, which would bring in anarchy or disorder in the society.
It is to be seen that the person to whom the bail has been
granted either tries to interfere with the course of justice or attempts to
tamper with evidence or witnesses or threatens witnesses or indulge
in similar activities which would hamper smooth investigation or trial,
bail granted can be cancelled. The rejection of bail stands on one
footing, but cancellation of bail is a harsh order because it takes away
the liberty of an individual granted and is not to be lightly resorted to.
A three-member Bench of this Court in State (Delhi
Administration) vs. Sanjay Gandhi 1978(2) SCC 411 made the
following elemental distinction in defining the nature of exercise while
cancelling bail:
“Rejection of bail when bail is applied for is one
thing; cancellation of bail already granted is
quite another, It is easier to reject a bail
application in a non-bailable case than to cancel
a bail already granted in such a case.
Cancellation of bail Necessarily involves the
review of a decision already made and can by
and large by permitted only if, by reason of
supervening circumstances, it would be no
longer conducive to a fair trial to allow the
accused to retain his freedom during the trial.
(Emphasis supplied)”
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
 Criminal Misc. No. M-27224 of 2015
Dated: 17.08.2015
Raj Kumar 
Versus
State of Haryana and another 
CORAM: MRS.  DAYA CHAUDHARY

Citation:2016 ALLMR(CRI)JOURNAL 532

Print Page

Whether Anticipatory bail can be cancelled on a single failure to attend the police station?

 There  is  no  law 
which   says   that   on   a   single   failure   to   attend   the   police 
station,   bail   granted   to   a   person   would   automatically   be 
cancelled.   If there is a failure to comply with a condition, 
the Court is required to seek explanation from the accused 
persons and then judge whether the failure was willful and 
deliberate, and further, whether for that lapse, the extreme 
step of cancellation of bail should be taken or not? Here, the 
Court   has   taken   it   for   granted   that  once   the   condition  
imposed by the Court is breached, cancellation of bail would  

automatically follow.  

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             
BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO. 811 OF 2013


 Dinesh Hilal Mahajan, Vs  The State of Maharashtra,

        

CORAM : ABHAY M. THIPSAY, J.
Dated: October 18, 2013.
Citation;2014 ALLMR(cri) 543

Print Page