A person admitted to bail by the High Court could be committed to custody only by the High Court. Similarly, a High Court has power to stay bail order passed by Session Courts, if it thinks appropriate to do so.
A Court of Session can cancel the bail granted by itself and cannot cancel a bail granted by the High Court unless new circumstances arise during the progress of the trial after an accused person has been admitted to bail by the High Court.
If a Court of Session had admitted an accused to bail, the State may either move the Sessions Judge if certain new circumstances have arisen which were not earlier known to the State; or the State may approach the High Court being the Supreme Court under Section 439(2) to commit the accused to custody.
Section 437(5) confers on the High Court the power to cause any person who has been released under Section 437 to be arrested and commit him to custody. Section 439(2) of the Code empowers the High Court to cause any person who has been admitted to bail under Section 439(1) of the Code to be arrested and commit him to custody. The Supreme Court has also power to cancel bail allowed by the High Court if there is a wrong exercise of discretion by the High Court.
Cancellation of bail can be ordered only on stronger grounds, namely, a bail order having been procured on misrepresentation of facts, bench selection, on inadequate improper exercise of discretion by the judges or on the proof of the accused interfering with investigation or trial.
Suspension of sentence may mean conviction postponed or kept in abeyance during pendency of appeal Section 389 of the Code deals with suspension of execution of sentence pending the appeal and release of the appellant on bail.
There is distinction between bail and suspension of sentence. One of the essential ingredients of Section 389 is the requirement for the Appellate Court to record reasons in writing for ordering suspension of execution of the sentence or order appealed against.
If he is in confinement, the said court can direct that he be released on bail, or on his own bond. The requirement of recording reasons in writing clearly indicates that there has to be careful consideration of the relevant aspects and the order directing suspension of sentence and grant of bail should not be passed as a matter of routine.
Bail may be cancelled on the following grounds as per the verdicts of different Courts:
(1) When the person on bail is found tampering with the evidence either during the investigation or during the trial.
(2) When the person on bail commits similar offence or any heinous offence during the period of bail.
(3) When the person on bail has absconded and trial of the case gets delayed on that account.
(4) When it is alleged that the person on bail is terrorizing the witness and committing acts of violence against the police.
(5) When the person on bail creates serious law and order problems in the society and he had become a hazard on the peaceful living of the people.
(6) When it is found that the subsequent events make out a non-bailable offence or a graver offence.
(7) When the High Court found that there was a wrong exercise of judicial discretion to grant the accused bail.
(8) When the circumstances were proved that the accused has misused the liberty granted to him, it is sufficient ground to cancel bail.
(9) If the life of the accused person on bails itself be in danger.
The anticipatory bail can also be cancelled before the regular bail is actually granted.