Who can make an application for cancellation of bail?
It is the State’s primary duty to ensure justice is done to the parties even during the bail process. No accused should be released on bail unless legally entitled to it. The Prosecution Department should immediately seek a correction under section 497(5) Cr.P.C. where the court has wrongly granted bail to an offender. Additionally, any individual who is vitally interested in the case and concerned with its outcome has a right to contest such an order. The court may also intervene on its own initiative if any lapse, capriciousness, arbitrariness, or perversity comes to notice. Section 497(5) Cr.P.C. confers powers similar to revisional powers under sections 435 and 436 Cr.P.C. on the High Court and the Court of Sessions.
This Court granted prearrest bail to Respondent pursuant to his compromise with the complainant. He paid a part of the outstanding amount in cash and undertook to pay the remaining Rs.1,400,000/- within six months but has defaulted. Since the bail of Respondent was conditional and subject to the due performance of his obligations, it must be recalled.
Crl. Misc. No.60014/CB/2022
Azeem-ud-Din Vs the Feroze Khan etc.
20-01-2023
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