Legal Question in Criminal Law in India
Respected sir,
Under section 439 (2) of the code of criminal procedure, wide descretion has been conferred on the high courts and the session courts to cancel the bail of any person. The said sub section is reproduced herein :
" A high court or session court may direct that any person who has been released on bail under this chapter be arrested and commit him to costody "
Can I move cancelation of bail application of accused u/s 439(2) of code of criminal procedure in 1st class Metripolitan Magistrate court where accused is facing trail ?
Asked on 11/29/11, 6:51 am
1 Answer from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
The so called "discretion" is regulated by situation of each case. You may mention the grounds for cancellation for seeking further guidance, if needed.
Answered on 11/30/11, 9:09 am
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