Held: "In the matter of exercising discretion of anticipatory bail under Section 438, Cr. P.C. the persons who fall in the category of Government servants, minors, women, old and infirm persons, handicapped persons, persons having permanent disability or person who are involved in petty cases who are likely to be harassed in police custody, may claim the said discretion. High Court, therefore, is to exercise its discretion for granting anticipatory bail in aforesaid category of cases with due care and caution. For other category of persons, the general law of bail as provided under Section 439, Cr. P.C is already available. It is true that the discretion of granting anticipatory bail has to be exercised sparingly in appropriate cases with due care and caution imposing required conditions.” |
