Anticipatory bail cancellation requires supervening circumstances; cooperation in investigation and no abuse of liberty defeated interference.

Cancellation of anticipatory bail requires stricter scrutiny than refusal of bail and will be ordered only on supervening circumstances, serious infirmity in the bail order, or material showing abuse of liberty such as tampering with evidence or influencing witnesses. The respondents had joined investigation, cooperated with the investigating agency, and no custodial interrogation was found necessary. The opening of lockers in the presence of the investigating officer did not, on the record, justify interference. As the bail order was reasoned and no compelling ground for cancellation was shown, the request to cancel the existing anticipatory bail was rejected and the bail order left undisturbed.

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Issues: Whether the anticipatory bail granted to the respondents should be cancelled on the ground of alleged tampering with evidence and alleged unfair investigation.

Analysis: Cancellation of bail requires a stricter scrutiny than refusal of bail. The power under Section 439(2) of the Code of Criminal Procedure, 1973 is to be exercised only where there are supervening circumstances, serious infirmity in the bail order, or material showing abuse of liberty such as tampering with evidence or influencing witnesses. The status material showed that the respondents had joined investigation, cooperated with the investigating agency, and no custodial interrogation was found necessary. The opening of lockers in the presence of the investigating officer did not, on the record, establish conduct warranting cancellation. The bail order passed by the Additional Sessions Judge was a reasoned one and no compelling ground was shown for interference.

Conclusion: The request for cancellation of anticipatory bail was rejected and the existing bail order was left undisturbed.

Final Conclusion: The petition was dismissed because the case did not disclose any supervening circumstance or serious infirmity justifying cancellation of the bail already granted.

Ratio Decidendi: Bail once granted is not to be cancelled unless subsequent conduct or compelling material shows abuse of liberty, tampering with evidence, or another serious infirmity warranting interference.

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