Issue for consideration: In instant appeal, the State seeks cancellationof anticipatory bail granted to the sole respondent by the Single Judge of theHigh Court.Code of Criminal Procedure, 1973 – Section 438 – Pre arrest bail – FIRu/ss. 147, 148, 149, 323, 325, 341, 342 and 427 IPC with additional chargesu/ss. 186, 353 and 364 against the respondent – Grant of anticipatory bailto the respondent by the High Court – Cancellation of:Held: Much like bail, grant of anticipatory bail is to be exercised withjudicial discretion – Each case turns on its own facts and merits – On facts,respondent’s application u/s. 438 should not have been entertained, as he wasa proclaimed off ender – Respondent without fi rst successfully assailing theorder declaring him as a proclaimed off ender, could not have proceeded toseek anticipatory bail – Furthermore, it was not proper for the High Court tohave granted anticipatory bail – Declaration of proclaimed off ender subsistingon the date of the impugned order, it cannot be accepted that the respondentwas entitled to ‘reform and course correct’– Though in an exceptional and rarecase, this Court or the High Courts can consider a plea seeking anticipatorybail, despite the applicant being a proclaimed off ender, however, no exceptionalsituation arises in the instant case – Impugned order granting anticipatory bailto the respondent set aside.[Paras 12, 16 and 17]