Cancellation of bail when accused tempering with witnesses and also influencing the trial. There was a dispute between the two communities in regard to gaon sabha land. The upper caste has occupied land allotted to the victim's family in 1999. They are not willing to vacate the land therefore, a small group of villages moved a public interest litigation in the high court. In that PIL the high court directed the collector to submit a report within four weeks.
The collector vacated the land and also provided possession to the victim. After disposal of the PIL the other community assaulted and abused the victim. An FIR has been lodged against them under section 148/149/307 IPC and section 3(2) of SC ST Act. When the accused secured bail from the high court again threatening the victim. The court did not hear our voice. How to get cancellation of their bail.
Asked from: Bihar
In my considered opinion, it is a settled principle of law that once bail has been granted, it should not be cancelled in a routine or mechanical manner. Cancellation of bail is a serious matter and the higher court ordinarily interferes only when the order granting bail is found to be perverse, arbitrary, or passed without proper consideration of the relevant factors.
The Hon’ble Supreme Court in Chaman Lal v. State of U.P. (2004) 7 SCC 525 Neeru Yadav vs State of U.P. (2014) 16 SCC 508; Anil Kumar Yadav vs State NCT of Delhi (2018) 12 SCC 129; has observed that while granting bail the court must take into account certain important factors, such as:
- nature of the allegations against the accused,
- manner in which the offence is alleged to have been committed,
- gravity and seriousness of the offence,
- specific role attributed to the accused,
- criminal antecedents of the accused,
- likelihood of the accused influencing or tampering with witnesses.
Therefore, the first step is to carefully examine the bail order and see whether the court granting bail has considered these essential factors.
Another important aspect which requires examination is the compliance with the mandatory procedure provided under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. This provision gives the victim a statutory right to be heard at the time of consideration of bail. The court granting bail is required to issue notice to the victim and provide an opportunity to participate in the bail proceedings.
If this mandatory procedure has not been followed, it can be a valid ground for seeking cancellation of bail. However, such a ground would generally arise where no notice of the bail proceedings was served upon the victim and the victim was deprived of the opportunity of being heard.
While considering an application for cancellation of bail, the appellate court may also take into account any subsequent circumstances that may have arisen after the grant of bail. The conduct of the accused after obtaining bail is also relevant, particularly if there are instances of threatening witnesses, attempting to influence them, or otherwise interfering with the course of justice.
In the circumstances mentioned by you, it would be advisable to approach the Hon’ble Supreme Court by filing an appropriate application for cancellation of bail. Since the victim belongs to a marginalized section of society and is socially weaker than the accused, any act of threatening or influencing witnesses may seriously affect the fairness of the trial. Such circumstances may constitute a reasonable ground for seeking cancellation of bail.
