New Delhi :- You are a common person, your nature is good, you do good work with the society, you have not committed any crime in your past life, your good character will work as a weapon to get you bail, maybe the judge will give you bail, but if If your past record is full of crime then you will be in trouble. But know that you will get this exemption only in bailable offences.
The provisions of cancellation of bail in the Indian Penal Procedure Code are given in the following sections 436 (2) 437 (5) 439 (2) 446 (a) in which the bail can be canceled
- It is the right of every person to get bail. Bail is subject to the authority in bailable offenses and in non-bailable offenses depends on the discretion of the court.
- Judge grants bail considering all the circumstances and nature of the offender. While taking bail, the court imposes certain conditions on the accused. If the conditions are not complied with by the accused, then the bail is canceled by the court.
- The provisions of cancellation of bail are interpreted in accordance with law as
- Non-compliance of conditions – According to section 436(2), when a person is arrested by a police officer for a bailable offence, certain conditions are imposed by the court while granting bail to that person if those conditions are complied with by the accused. is not made by him, then at the time of the appearance of the accused, the Court may, if it so desires, cancel the bail and send the accused to custody
- Severity of offense and prior conviction According to section 437(5), if the accused has committed a non-bailable offense, the Court finds that he may have disappeared at the time of inquiry or trial, having previously been convicted of cognizable offenses whose punishment exceeds three years if released on bail as deemed fit by the court, then may order to be taken into custody during attendance or in other cases, if the court thinks it expedient to cancel the bail
- Power of High Court or Court of Session to cancel bail According to section 439(2), if any person is accused of imprisonment for a term of 7 years or more, then the High Court or Court of Session may impose certain conditions on bail by the High Court or Court of Session. If such person does not comply with the conditions or again engages in offenses, the court may order cancellation of the bail of that person and taking him into custody.
- Cancellation of bail in case of non-appearance According to section 446 (a), a bond is taken by the court for attendance in the court, if the bonds are not complied with by the accused, then in such a situation, the bail can be canceled by the court.
- Related Case
Mehboob Dawood Shaikh v. State of Maharashtra 2004 Supreme Court In this case, an affidavit was filed by the police officer in the court, in which the appellant was threatened and a case was registered under section 188 of the Indian Penal Code, the bail was canceled by the appellant. When the accused court considered fit to do so, the court set aside the bail of the accused on the ground that the accused person may impede the trial or investigation or threaten the witnesses.