- (1.) Learned Counsel for the petitioner submits that the bail granted to the non petitioner accused by the trial court deserves to be cancelled as it is clearly made out that offence u/s 420, 406, 120 B IPC was committed by the accused and a huge amount of Rs.10 lacs has been obtained from the petitioner and thereafter the same has not been returned. Although an amount of Rs.4 lacs was paid by cheque while the other amount was paid through paytm and thus it is clear that the case where the amount was received but was not returned back by the accused. Hence, the bail granted by the trial court deserves to be canceled.
(2.) I have considered the submission.
(3.) The condition as required under Section 439(2) for cancellation of bail granted provided as under:- "439(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. " ;