Cancellation of bail requires cogent and overwhelming grounds; medical records supported interim bail and the request was rejected.

Cancellation of bail is a harsh, exceptional power and cannot be ordered merely because the original grant of bail was discretionary or may have been imperfectly reasoned. Where the case diary and record showed medical treatment, hospitalization and medical observation during transit remand, the Magistrate's interim bail order could not be treated as perverse, without jurisdiction, or made in ignorance of relevant materials. In the absence of cogent and overwhelming circumstances, the threshold for cancellation was not met, and the prayer for cancellation of interim bail was rejected.

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Issues: Whether the interim bail granted under Section 439(2) of the Code of Criminal Procedure, 1973 was liable to be cancelled for alleged non-application of mind and lack of medical material.

Analysis: Cancellation of bail is a harsh and exceptional power and is not to be invoked merely because the original grant of bail may have been discretionary or imperfectly reasoned. The Court found that materials supporting the accused's health condition were available in the case diary and the record disclosed sustained medical treatment, hospitalization, and medical observation during transit remand. In that background, the Magistrate's order could not be characterised as perverse, without jurisdiction, or made in total ignorance of relevant materials. The Court also held that the grounds urged did not disclose cogent and overwhelming circumstances justifying cancellation.

Conclusion: The prayer for cancellation of the interim bail was rejected.

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