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Ground for cancellation of bail

Cancellation of bail: -- Grant of bail in non-bailable offences is a


concession which implies the condition that after release on bail the
accused will not misuse the concession so extended. Accused so
released if found violent to take revenge from the complainants, the
prosecution witnesses or the police, his bail is liable to be cancelled
2002 P.Cr.L.J 662. However, strong and exceptional grounds are
required for cancellation of bail. 2002 P.Cr.L.J 1262. Bail can be
cancellation where the person on bail repeats the offence, hampers
investigation, make some efforts to temper with the evidence, commits
some acts of violence against the police and prosecution witness of
manages to flee away from the country or beyond the control of
sureties. 2002 P.Cr.L.J. 941.

Once bail is granted by a Court of competent jurisdiction, then


strong and exceptional grounds are required for its cancellation. 1999
P.Cr.L.J 1074. Following are the legitimate grounds which are
recognized for cancellation of bail:

(i) If the bail granting order is patently illegal, erroneous,


factually incorrect and has resulted in miscarriage of
justice.
(ii) Some fresh facts or material has been collected by the
police during the investigation which may tend to
establish or point out the guilt of the accused.
(iii) That the accused misuses his liberty by indulging in
similar criminal activity.
(iv) That he interferes with the course of investigation.
(v) that he attempts to temper with the prosecution
evidence.
(vi) That he threatens the witnesses or indulges in similar
activity which would hamper the smooth investigation
and thee is likelihood of his fleeing to other country.
(vii) That he makes himself scarce by going underground or
becoming unavailable to the investigation agency. 1999
P.Cr.L.J 1.

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