{"id":197007,"date":"2018-06-14T16:09:53","date_gmt":"2018-06-14T10:39:53","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=197007"},"modified":"2018-06-22T17:06:18","modified_gmt":"2018-06-22T11:36:18","slug":"cancellation-of-bail-stands-on-a-different-footing-from-rejection-of-bail","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2018\/06\/14\/cancellation-of-bail-stands-on-a-different-footing-from-rejection-of-bail\/","title":{"rendered":"Cancellation of bail stands on a different footing from rejection of bail"},"content":{"rendered":"

Tripura High Court: <\/strong>The Order passed by the Chief Judicial Magistrate granting bail to the accused was upheld by a Single Judge Bench comprising of S. Talapatra, J. holding that the grounds for cancellation of bail were not made out in the instant petition.<\/p>\n

The petition was filed under Section 439 (2) CrPC for cancellation of bail granted to the accused as he was found suffering from the psychotic disorder. The petitioner contended that the accused had killed his parents and sister, he was not in a fit mental condition; and if he was out on bail, he would do more macabre things.<\/p>\n

After considering the entire record, the Court did not find any ground for cancellation of bail. The Court, relying on the decision of the Supreme Court passed in State (Delhi Admn.) v.\u00a0 Sanjay Gandhi, <\/em>(1978) 2 SCC 411<\/a>, <\/em><\/strong>observed that the cancellation of bail stands on a different footing from the rejection of bail. The Court held that the following grounds are available for cancellation of a bail already granted:<\/p>\n