When bail may be cancelled?

Question: When bail may be cancelled?

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Answer

First, it must be noted that bail is of two kinds: mandatory bail and discretionary bail. Section 436 of CrPC deals with the guidelines and procedure for the grant of mandatory bail, while Section 437 provides for the grant of discretionary bail. These provisions deal specifically with the powers of the Courts of Judicial Magistrates to grant bail and do not apply to Sessions Court and High Court. Section 439 empowers the Court of Session and High Court to grant bail in certain circumstances.

Section 436 of CrPC deals with provisions for bail in bailable offences. In this provision, bail may be claimed as a matter of right, and no discretion is left to the court to deny granting the same.

The Supreme Court has held in Talab Haji Hussain v. Madhukar Purshottam Mondkar, (1958) SCR 1226 that a person accused of a bailable offence is entitled to be released on bail pending his trial if his conduct subsequent to his release is found to be prejudicial to a fair trial, he forfeits his right to be released on bail, and such forfeiture can be made effective by invoking the inherent power of the High Court under section 482 of the Code.

Therefore, if, at any subsequent stage of proceedings, it is found that any person accused of a bailable offence is intimidating, bribing or tampering with the prosecution witnesses or is attempting to abscond, the High Court has inherent power to cause him to be arrested and to commit him to custody for such period as it thinks fit. This power can be invoked in exceptional cases only when the High Court is satisfied that the ends of justice will be defeated unless the accused is committed to custody as held by the Hon’ble Supreme Court in Ratilal v. Asst Collector of Customs, AIR 1967 SC 1639.

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