What are the grounds for cancellation of anticipatory bail?

What are the grounds for cancellation of anticipatory bail?

Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of Justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner.

Can a person file an anticipatory bail for the second time?

First, successive anticipatory bail can be filed only if there is a rejection in the first application, second if there is a change in circumstances and facts in the same case respective to the first application like filing a charge sheet, favourable evidence by investigation department or recorded evidence against the …

What happens if your anticipatory bail is rejected?

(c) If the Sessions Court rejects the application, it shall mandatorily extend the interim protection operating in favour of the accused for a minimum period of three (3) working days on the same conditions on which interim protection was granted during pendency of an ABA or on such further conditions as the Sessions …

Can an anticipatory bail be Cancelled?

The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.

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.

What happens if bail is denied India?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

Can anticipatory bail be granted in bailable offence?

Is anticipatory bail permanent?

As regards the second question referred to this Court, it is 6 Page 7 held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial.

Can anticipatory bail be granted after chargesheet?

Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court. Weekly Round Ups Of Supreme Court High Court Judgments/Orders. Monthly Digests Of Supreme Court And High Courts. Yearly Digests Of Supreme Court And High Courts.

Can a second anticipatory bail application be filed before the High Court?

Now, suppose the first anticipatory bail application was rejected by the Sessions Court, then definitely the second anticipatory bail can be filed before the high court. Secondly, now suppose the anticipatory bail application was rejected by say high court, then whether a second anticipatory bail application can be filed before the same high court?

Can a person denied anticipatory bail be protected from arrest?

A Supreme Court judgment said an accused denied anticipatory bail can, in exceptional circumstances, still be given protection from immediate arrest if his sudden incarceration by the State will plunge his personal affairs and family into crisis.

Can a judge decline a prayer for grant of bail?

The high court set aside the order of anticipatory bail. In this case, the Supreme Court observed that the Judge, who has declined to entertain the prayer for grant of bail, if available, should hear the second bail application or the successive bail applications. It is in consonance with the principle of judicial decorum, discipline and propriety.

Can anticipatory bail be granted under Section 438 CrPC?

In a recent case before the Supreme Court in Jagmohan Bahl v. State (NCT of Delhi), (2014) 16 SCC 501, the appellants had moved an application under Section 438 Cr.P.C. for grant of anticipatory bail which was dismissed by Sixth Additional Sessions Judge.