HAZARI LAL DAS vs STATE OF WEST BENGAL

The Supreme Court held that the High Court erred in cancelling the anticipatory bail granted under Section 438 Cr.P.C. by the Sessions Judge, as it failed to consider the necessary criteria for such cancellation, which requires cogent and overwhelming circumstances. The Court emphasized that the grounds for cancellation of bail differ from those for initial rejection, citing Dolat Ram And Ors. vs. State of Haryana (1995) 1 SCC 349. The appeal was allowed, and the High Court's order was set aside, reinstating the anticipatory bail with conditions.