Regular Bail

The bail is a legal procedure that allows an accused person to stay free while awaiting trial. The purpose of the bail is to ensure that the accused person attends court and does not pose a threat to society. However, the court can cancel bail if it finds that the accused has abused his or her freedom or obstructed justice in any way. During the hearing of bail applications, the court takes into consideration several factors, such as the gravity of the offence, the reputation and past record of the accused, the likelihood of flight or repeated offences, tampering with witnesses and obstructing the course of justice.

The court also takes into account whether the accused poses a danger to public safety and the victims of the crime. However, the court has to exercise its discretion with utmost care and circumspection, considering that it is jeopardising the liberty of an individual. Thus, it is not something that can be done casually. It is also important to note that the standard for refusing bail in a non-bailable case is different from that of cancellation of bail, since the latter involves more serious prejudice.

The Supreme Court has established a precedent that discourages cancelling of bail on the grounds of reappreciation. This is because bail is a fundamental right and a fundamental liberty that can only be taken away by the highest order of the court. Thus, the Supreme Court has cautioned that this power should be used only when there are cogent and overwhelming circumstances that prevail against the accused.

Can Regular Bail Be Cancelled?

In addition, the Supreme Court has ruled that the conditions for refusal or cancellation of bail should not be based on irrelevant concerns or outside influences, such as political pressures. Instead, the courts should focus on legitimate concerns, such as the risk of flight or obstruction of justice. In cases where the courts have made mistakes in granting bail, the ruling can be overturned by a higher court.

The Court of Session, the High Court, and various lower courts can all cancel a previously granted bail. However, the High Court and the Court of Session have greater powers to cancel bail than other courts do. The cancellation of bail can be requested by the accused, police or by an aggrieved person. It can also be withdrawn by the court itself, or by the accused upon his or her request. The application must be filed within a reasonable period of time.

Otherwise, the bail will expire and the accused will be taken into custody. The court can also extend the bail if necessary. However, if the accused does not appear in court on time, they may be convicted of the offence and can be sentenced to prison. This article was written by Max Croson, a student of the Certificate Course in Advanced Criminal Litigation & Trial Advocacy at LawSikho. For more information, visit the LawSikho website.

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