जमानत रद्द करने का प्रार्थना पत्र ,Bail Cancellation Application,437(5)Cr.P.C.,439(2)Cr.P.C., Bail

Ponit No.1 Sections:- 437 and 439 of The Code of Criminal Procedure
Section 437 - When bail may be taken in case of non-bailable offence
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(5) Any Court which has released a person on bail under sub-section (1), or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

Section 439 - Special powers of High Court or Court of Session regarding bail
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(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
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Point No.2. Power of Court :- CHAPTER -III LAW AS A PROCEDURE FOR CANCELLATION OF BAILS AND FOR GRANTING OF BAILS UNDER SPECIAL ACTS 3.1 Cancellation ofBails: Sub-Section(S) of Section 437, Criminal Procedure Code confers discretion on any court which has released a person on bail under Subsection!1) or Sub-section(2),of Section 439 Cr.P.C. to direct that such person be arrested and commit him to custody, if it considers it necessary to do so.
This subsection empowers a Magistrate to cancel the bail granted to a person but that power is strictly limited to a case where the bail is granted by the Magistrate himself.
Supreme Court in Gurucharan Singh and Others vs. State (Delhi Administration).30 Under Section 439(2) of the new code, the High Court or the court of session may direct any person who has been released on bail to be arrested and committed to custody.
Point No.3 :- Grounds For Cancellation of Bail:-
Supreme court
In Raghubir Singh vs. State of Bihar (1986) 4 SCC 481
this Court held that bail can be cancelled where
(i) the accused misuses his liberty by indulging in similar criminal activity,
(ii) interferes with the course of investigation,
(iii) attempts to tamper with evidence or witnesses,

(iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation,
(iv) there is likelihood of his fleeing to another country,

(v) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency,

(vi) attempts to place himself beyond the reach of his surety, etc.
Point No. 4 :- Who Can move the cancellation of Bail;-
1. In a state case The prosecution should file the application for cancellation of bail
But complainant can also file the application for cancellation of bail
2. In a private complaint case, the complainant can file application for cancellation of bail
3. The Magistrate can suo moto cancel the order, even without application.
Point No. 5:- How to draft application for cancellation of bail:-
1. Name of the Court
2. Title of the Case
3. Case No., Sections under which the case has been registered
4. Date of the Order and conditions imposed in the order of bail
5. How the accused is misusing the liberty of bail
 committed another offence
 Threaded the witness
 tried to temper the evidence
 tried to escape permanently
6 Relief:- The liberty of the bail granted to the accused should be cancelled
Point No. 6:- where cancellation of bail cannot be ordered:-
1. when the accused is required for the purpose of securing recovery under section 27 of the Evidence Act.
2. when a charge-sheet has been filed against the accused without more.
3. The fact that prosecution witnesses have turned hostile without showing some act or conduct on the part of the accused from
4. The fact that before an order was passed under section 167(2), the bail petition ofthe accused was dismissed on merits by the Sessions Judge and the High Court is not relevant for taking action under section 437(5) nor is it valid ground that subsequent to release of the accused a challan was filed by the police.

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