Cancellation of Bail in Bailable Offence - Magistrate's Power Should Not be Curtailed
By
Arun Gupta
I beg to differ with judgment of Orissa High Court in respect of a case between Madhab Chandra Jena v. State of Orissa reported in 1988 Cri LJ 608, wherein Mr. Justice G. B. Patnaik and Mr. Justice L. Rath have observed that "in spite of misbehaviour of accused persons, a Magistrate had no power to cancel bail in bailable offence u/s. 436 or u/s. 437(5), Cr. P.C."
With due respect to the learned Judges, I like to comment something which is as follows:
Bail may be cancelled by the Court itself which granted it, if further evidence is produced for believing the accused to be guilty (Johur Mull, (1906) 4 Cri LJ 221 (Cal) of tampering with prosecution witnesses; or for any misuse of the liberty granted. If an accused misuses his liberty the Court which granted bail has full powers to cancel it. Even a Magistrate to whom a case is transferred is also empowered to cancel bail. Since there remains no express or implied provision in the Code of Criminal Proce ....