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7 Circumstances When Bail Granted can be Cancelled


It is useful to refer the principles laid down by Apex Court and the circumstances when bail granted can be cancelled which was highlighted in Manjit Prakash and Others vs. Shobha Devi and Another, (2009) 13 SCC 785 which reads as under:- 


As stated in Raghubir Singh v. State of Bihar, (1986) 4 SCC 481 the grounds for cancellation under Sections 437(5) and 439(2) are identical, namely, bail granted under Section 437(1) or (2) or Section 439(1) can be cancelled where;

1. the accused misuses his liberty by indulging in similar criminal activity,

2. interferes with the course of investigation,

3. attempts to tamper with evidence or witnesses,

4. threatens witnesses or indulges in similar activities which would hamper smooth investigation,

5. there is likelihood of his fleeing to another country,

6. attempts to make himself scarce by going underground or becoming unavailable to the investigating agency,

7. attempts to place himself beyond the reach of his surety, etc.

These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to.



It is, therefore, clear that when a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or indulges in similar activities which would hamper smooth investigation or trial, bail granted can be cancelled. 

Rejection of bail stands on one footing, but cancellation of bail is a harsh order because it takes away the liberty of an individual granted and is not to be lightly resorted to.

See Also: Pooja Bhatia Vs. Vishnu Narain Shivpuri; 2014 (3) SCR 661 : (2014) 13 SCC 492 : 2014 (3) Scale 612

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