Anticipatory bail survives absent illegality or perversity, with real apprehension of arrest supported by investigation circumstances.

Anticipatory bail may be sustained where the accused shows a real and reasonable apprehension of arrest arising from the investigation circumstances, and cancellation requires proof that the original grant was illegal, perverse, or otherwise unwarranted. In the stated case, the High Court noted that summons had been issued in relation to a gold smuggling inquiry, the respondents had been called for investigation, and the ASJ had considered their allegation of harassment and possible arrest. The order granting anticipatory bail was reasoned and no illegality or perversity was shown, so recall or cancellation was refused.

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Issues: Whether the order granting anticipatory bail to the respondents was liable to be recalled or cancelled for want of a real apprehension of arrest and absence of harassment by the investigating agency.

Analysis: The petition sought recall of the anticipatory bail order on the ground that the respondents had not shown a real basis for apprehension of arrest and that the investigation was still continuing. The record showed that summons had been issued in connection with inquiry into alleged gold smuggling, the respondents had been called for investigation, and the learned ASJ had considered their version that they faced harassment and a real possibility of arrest. The impugned order was a reasoned one passed after considering the rival contentions and the circumstances did not establish any illegality or perversity warranting cancellation. The later filing of complaints in which the respondents were not arrayed as accused also supported the finding that the challenge had lost practical force.

Conclusion: The prayer for recall or cancellation of the anticipatory bail order was rejected; the respondents' apprehension was treated as sufficiently real and the grant of anticipatory bail was not interfered with.

Ratio Decidendi: Anticipatory bail may be sustained where the applicant shows a real and reasonable apprehension of arrest arising from the investigation circumstances, and cancellation will not be ordered unless the original grant is shown to be illegal, perverse, or otherwise unwarranted.

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