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Report No. 78

2.12. Cancellation of bail.-

The Code of 1898 made no express provision for cancellation of the bail granted under section 496. Nonetheless, it was held that if, at any subsequent stage, it is found that any person is intimidating, bribing or tampering with the evidence or attempting to abscond, the High Court has inherent power to cause him to be arrested'1 This power could be invoked in exceptional cases2 when the High Court is satisfied that the ends of justice would be defeated unless the accused is committed to custody. Such power was preserved by section 561A of the Cr. P.C., 1898. The person so committed could not (as a matter of right) ask for his release on bail, but the High Court may subsequently grant him bail. In the present Code the matter is governed by an express provision3.

1. Talab Haji Hussain v. M.P. Mondkar, AIR 1958 SC 376.

2. Ratilal Blutuji v. Assn. Collector of Customs, Bombay, AIR 1967 SC 1639.

3. Section 439(2), Cr. P.C., 1973.



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