Criminal Procedure Code, 1973
Section 439(2)—Anticipatory bail—Prayer for cancellation—Case of cheating—Court below has considered all the relevant consideration for granting bail in the offence punishable under the provisions of Section 406 and 420 of the IPC—It is not even the case of the IO or the prosecution that conditions imposed by the court below has been breached by the respondent—Refusing to grant bail is one consideration and cancellation of bail is different as it deals with the personal liberty of the person—No case made out for cancellation of bail—Prayer rejected.
[Paras 5 & 9]
Decision : Petition dismissed