- (1.)Preliminary arguments on the application filed by the applicant under Section 439(2) of the Cr.P.C. for cancellation of anticipatory bail order dated 22.03.2011 passed in favour of the respondent No. I heard.
(2.)The applicant has prayed for the cancellation of anticipatory bail order dated 22.03.2011 passed in favour of the respondent No. 1 Vijay by the Court of Shri R.K.S. Gautam, A.S.J., Indore.
(3.)According to Section 439(2) of the Cr.P.C. the power of cancellation of bail is vested in the Court which granted the bail. Though the High Court and Court of Session has concurrent powers for the cancellation of bail under Section 439(2) of the Cr.P.C. but for the cancellation of the bail the principle is that the High Court shall not ordinarily, and except under exceptional circumstances, exercise its powers under Sections 438 and 439 of the Cr.P.C. without and before the Sessions Court having concurrent jurisdiction is moved for identical relief.