• Cancellation of Bail

  • The Court which grants bail, can also withdraw the concession of bail, either suo moto, i.e. own its own, or on the Application from the Police/ Complainant/ any other aggrieved person. However, the Courts exercise their power of cancellation of bail with care and circumspection. Routinely, the Courts refuse to cancel bail, as it jeopardizes the personal liberty of the person. The Courts cancel bails only when they find on record a very cogent and overwhelming circumstances prevailing against the accused. 

    Related Provision of laws

    The S-439(2) of the Code of Criminal Procedure, deals with the issue of cancellation of bail, which reads as under:

    The Code of Criminal Procedure, 1973- S-439(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 bail can be cancelled

    • Bail granted can be cancelled on the ground which has arisen after the bail was granted.:-It is generally presumed that at the time of hearing of the bail application, the prosecution has raised all possible grounds which could go against the accused in the matter of bail and, therefore, when once bail has been granted to the accused, the prosecution cannot have the bail cancelled on some circumstances which may have existed before the grant of bail.
    •  Suppression of material facts and conversion of offence:-If in his bail application, accused does not disclose his involvement in other criminal cases, and/ or sections are altered/ added in the FIR after grant of bail/ anticipatory bail by the Courts.  
    • If investigating agency is able to demonstrate that accused persons have attempted to influence the witnesses or otherwise tried to thwart the course of justice in any manner.

    Ground of cancellation of bail and grounds of rejection of bail are two different things

    The ground of cancellation of bail and grounds of rejection of bail are two different circumstances and hence the approach of the Court should also be different. At the time of hearing the bail application, the Court looks at the possibilities of the violation of bail conditions and the Court has to be more open and flexible, whereas while hearing the cancellation application, the Court has to be more rigid and it has to examine not only the possibility of violations but whether the actual violation has taken place or not. The Court should be more rigid here and actual proof of violation is required.

     Judgments- Cancellation Of Bail

    • Amarmani Tripathi [State of U.P. Vs. Amarmani Tripathi] (2005) 8 SCC 21.
    • Bhadresh Bipinbhai Sheth Versus State Of Gujarat & Another, Criminal Appeal Nos. 1134-1135 Of 2015, Judgment Dated: 01.09.2015, Bench: A.K. Sikri & Rohinton Fali Nariman, JJ, Supreme Court Of India: Cancellation Of Bail- Cancellation of Anticipatory Bail.
    • Dinesh M.N. (S.P.) Versus State of Gujarat, Appeal (Crl.) 739 of 2008, Date Of Judgment: 28/04/2008 Bench: Dr. Arijit Pasayat & P. Sathasivam & Aftab Alam, JJ, (2008) 5 SCC 66,  Supreme Court Of India- Cancellation Of Bail- Issue, that seriousness of the offences, and the sentences to be imposed were not kept in view. Also, Irrelevant factors were taken into consideration for granting bail.- Held, the order of granting bail to the appellant was certainly vulnerable and cancellation of the bail by the High Court was justified and therefore could not be interfered with.
    • Guria, Swayam Sevi Sansthan Versus State Of U.P. & Ors., Criminal Appeal No. 1373 2009,  Date Of Judgment: 31.07.2009, S.B. Sinha, & Cyriac Joseph, JJ, Supreme Court OF India- Cancellation Of Bail.
    • Jagmohan Bahl v. State (NCT of Delhi), Criminal Appeal No. 2335/2014 Judgment Dated- 18/12/2014), Bench- Dipak Misra & Uday Umesh Lalit, JJ., Citations- 2014(14) JT 369= 2014(14) SCALE 224= 2014(10) SLT 605- Cancellation Of Bail.
    • Kalyan Chandra Sarkar Vs. Rajesh Ranjan Alias Pappu Yadav-SC-12.03.2004-_______- (2004) 7 SCC 528 =2004 CriLJ 1796= AIR 2004 SC 1866= 2004 SCC (Cri) 1977- Cancellation Of Bail [Full PDF Judgment].
    • Pappu- State of Maharashtra Vs. PappuCriminal Appeal No. 944/2014, Judgment Dated- 24/04/2014, Bench- P. Sathasivam, C.J., Ranjan Gogoi, J & N.V. Ramana, J, Citations- 2014(11) SCC 244= 2014(5) SCALE 584= 2014(4) Supreme 636= 2014(4) SLT 521= 2014(3) SCC(Cr) 350- Cancellation Of Bail [Full PDF Judgments].
    • Pooja Bhatia v. Vishnu Narain ShivpuriCriminal Appeal No. 585/2014 Judgment Dated- 10/03/2014, Bench-P. Sathasivam, C.J. & Ranjan Gogoi, J, Citations- 2014(3) SCALE 612: 2014(2) Supreme 465: 2014(3) SLT 304: 2014(2) Crimes 50(SC): 2014(3) JCC 1555: 2014(3) SCR 661: 2014(13) SCC 492- Cancellation Of Bail
    • Prahalad Singh Bhati Vs. NCT of Delhi, AIR 2001 SC 1444=2001(4) SCC 280.
    • Rakesh Baban Borhade Vs. State of Maharashtrahtra, Crl. Appeal Nos. 2446-2447/2014, Judgment Dated-19/11/2014, Bench-V. Gopala Gowda & R. Banumathi, JJ, Citations- 2015(2) SCC 313: 2014(13) JT 131: 2014(13) SCALE 93: 2014(8) Supreme 65: 2014(10) SLT 129: 2014(4) Crimes 269(SC)- Cancellation Of Bail.
    • Shahabuddin, Md. [State of Bihar Vs. Md. Shahabuddin]- SC-30.09.2016-Crl. Appeal-932 of 2016-Cancellation of Bail [Full PDF Judgments].
    • Sanjay Gandhi- State Versus. Sanjay Gandhi, AIR 1978 SC 961=AIR 1978 SC 961- Cancellation Of Bail.
    • Sita Ram Vs. Balbir (2014) 13 Supreme Court Cases 489- Cancellation Of Bail.
    • X (Changed name) Versus State & Anr., CRL.M.C.2120/2015 & CRL.M.A.No.1567/2016, Judgment Dated: 04.03.2016, Bench: S.P.GARG, J, DelHC- Sexual harassment Case- Held, "16. Petitioner’s counsel has failed to impress as to for what purpose, custodial interrogation of the petitioner is required. While granting anticipatory bail to the petitioner, safeguarding the petitioner’s interest and that of the Investigating Agency, stringent conditions have already been imposed upon the accused. This Court finds no manifest error in the matter of grant of bail by the Trial Court. "- Cancellation Of Bail.

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