What is the section 439 CrPC?

439. Special powers of High Court or Court of Session regarding bail. (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

When can bail once granted be Cancelled?

Cancellation of bail necessarily involves the review of a decision already made and can by and large be 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.” 7. Hon’ble Supreme Court in Dolat Ram v.

How could a bail on end be terminated?

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.

In what cases do bails get taken?

Section 436 (in what cases bail is to be taken) This section makes provision for a bail of a person who is accused of any offence other than non bailable offence. The conditions of bail which is given under this section are: He has been arrested or detained without warrant by an officer in charge of a police station.

Can anticipatory bail be granted in bailable offence?

Anticipatory Bail: an individual who discerns that he could also be arrested by the police for a non-bailable offense, can apply for anticipatory bail. A bail under Section 438 may be bail before arrest and an individual can’t be arrested by the police if the anticipatory bail has been granted by the court.

Can conditional bail be Cancelled?

So yes, the court has inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances.

How do I cancel my regular bail?

Grounds for cancellation of Regular Bail

  1. Interference or attempt to interfere with the due course of administration of justice;
  2. Evasion or attempt to evade the due course of justice;
  3. Abuse of the concession granted to the accused;
  4. Possibility of the accused absconding;
  5. Likelihood of/actual misuse of bail.
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