Cancellation of Bail:
Provision for cancellation of bail is contained in Section 439(2) which contemplates
that the Court of Session or the High Court can cancel the bail granted to an accused.
In the landmark judgement of, Prasanta Kumar Sarkar v. Ashis Chaterjee, (2010) 14
SCC 496 the Court laid down the factors to be borne in mind while considering
application for bail:
Whether there is a prima facie ground to believe that the accused has committed
the offence,
Nature and gravity of accusation
Severity of punishment in event of conviction
Danger of the accused absconding, in case of grant of bail
Character, behaviour, means, position and standing of the accused
Likelihood of offence being repeated
Reasonable apprehension of the witness being influenced
Danger of justice being thwarted by grant of bail
The accused if found to be a history- sheeter with a number of FIR’s lodged under
his name or the crimes committed by him are heinous in nature, then bail can be
cancelled. Dolat Ram and Ors. V. State of Haryana, (1995) 1 SCC 349.
The powers as provided under section 439 (2) are wide and sweeping. The said
powers can be exercised for canceling any bail however if the bail has been granted
by the court of session, the same would be canceled by the Court of Session or the
High Court. If the bail has been granted by the High Court, the same can only be
cancelled by the High Court.
There is an exception under section 167 (2) of the code of criminal procedure which
contemplates that if an accused has been granted bail due to default on the part of the
investigating agency in filing the charge sheet within 60/90 days, then the accused is
granted, bail on the count of default. Even the bail granted due to default on the part
of the investigating agency and by the exercise of the powers under section 167 (2) of
the code of criminal procedure can be canceled after filing of the charge sheet and
after raising strong grounds for cancellation of the bail as mentioned above.
Section 437(5) confers on the High Court the power to cause any person who has
been released under Section 437 to be arrested and commit him to custody. Section
439(2) of the Code empowers the High Court to cause any person who has been
admitted to bail under Section 439(1) of the Code to be arrested and commit him to
custody. The Supreme Court has also power to cancel bail allowed by the High Court
if there is a wrong exercise of discretion by the High Court.
In the recent judgement of the Supreme Court, Vishnu v. State of Rajasthan and
Anr, (2017) 11 SCC 124, the Court held that if the person who has been granted bail
if does not cooperate with the police and creates obstruction of justice then the bail
granted to such a person can be cancelled by the Court.
There is a distinction between rejection of bail and cancellation of bail and, the Court
held that for rejection of bail it must not have been necessarily been granted but in the
case of Cancellation of bail, it must have been granted for the Court to cancel it. It
was held in the landmark judgement of the Supreme Court in, Lachhman Dass v.
Resham Chand Kaler, (2018) 3 SCC 187.
