- (1.) WE have heard for the parties.
(2.) SPECIAL Leave granted. We have carefully gone through the order of the High Court cancelling anticipatory bail granted to the appellant. Having regard to the fact that the observations made by higher Courts may influence the mind of the trial Judge, we do not wish to give any comments at this stage. However, we are satisfied that this was not a case where anticipatory bail granted to the appellant twice should have been set aside by the High Court virtually recording a finding of guilt against him. However, in the facts and circumstances of the case, the appeal is allowed. The impugned judgment and order of the High Court is set aside. We further direct that any observation made in the order of the High Court or in our order passed today shall not be construed as expression of opinion on the merit it of the case.
(3.) THE appellant shall comply with the conditions laid down in Section 438(2) of the Criminal Procedure Code and should make himself available for investigation whenever required by the Investigating Officer. This appeal is accordingly, allowed. Appeal allowed.;