Kushagra Singh & Dr. Prem Kumar Gautam, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
The concept of bail is formed on one of the cornerstones of underlying principles of criminal law i.e. innocent until proven guilty. But, as we veer away from the periphery and peer deeper, we find that bail provisions within the domain of Indian Criminal Law, are very complex and bring with itself a myriad of issues. One of the issue(s) relates to process of refusal to grant bail and cancellation of bail. There is a very thin line between the two, but through plethora of cases we discover, that even the courts themselves, are often placed in a situation, whereby their aberration in various judgments and pronouncements are corrected or in need of correction by higher courts. This article aims to break down the two concepts and highlight the distinction which exists between the two, and how this thin line is over overlapped by judges, resulting in a catena of cases whereby there has been misapplication or inconsistent application of laws on cancellation of bail.
