https://www.taxtmi.com/caselaws?id=308284 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. en-us Fri, 10 Jul 2009 00:00:00 +0530 Tue, 13 Jun 2023 17:03:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308284 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. Case-Laws Indian Laws Fri, 10 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308284