Anticipatory bail cancellation requires cogent, overwhelming circumstances; a reasoned bail order is not perverse for possible alternate views.

Anticipatory bail under Section 438 is a discretionary remedy to be exercised with due care on the facts of each case, and cancellation of bail already granted requires cogent and overwhelming circumstances. A reasoned bail order is not perverse merely because another view of the same material is possible. On the facts noted, the Sessions Judge had considered the dying declarations, surrounding circumstances and case diary material, and there was no shown misuse of liberty or non-cooperation in investigation. The High Court's cancellation was therefore not justified, and the order confirming anticipatory bail was restored.

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Issues: Whether the High Court was justified in cancelling anticipatory bail granted under Section 438 of the Code of Criminal Procedure, 1973, and whether the order granting bail could be treated as perverse or unsupported by relevant material.

Analysis: Section 438 confers a discretionary power on the High Court and the Court of Session to grant anticipatory bail on a reasonable belief of arrest for a non-bailable offence. The power is extraordinary but is not confined to exceptional cases alone; it must be exercised with due care and circumspection on the facts of each case. Cancellation of bail already granted stands on a different footing from rejection of bail at the initial stage, and very cogent and overwhelming circumstances are required to cancel such an order. The Sessions Judge had considered the dying declarations, the surrounding circumstances and the case diary material before confirming anticipatory bail. The mere fact that the High Court preferred a different view on the same material did not make the Sessions Judge's order perverse, nor was there material showing misuse of liberty or non-cooperation in investigation.

Conclusion: The High Court was not justified in cancelling anticipatory bail. The order of the Sessions Judge confirming anticipatory bail was restored, and the appeals succeeded.

Ratio Decidendi: Cancellation of anticipatory bail already granted requires cogent and overwhelming circumstances, and a reasoned bail order cannot be set aside as perverse merely because another view on the same material is possible.

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