Code of Criminal Procedure, 1973–Secs. 438 & 439(2)–Cancellation of bail & challenge to bail–Distinction between the parameters of consideration–While considering the application for cancellation of bail, the Court ordinarily looks for some supervening circumstances, like tampering of evidence either during investigation or during trial, threatening of witness, the accused is likely to abscond and the trial of the case getting delayed on that count etc.–Whereas, in an order to challenging the grant of bail on the ground that it has been granted illegally, the consideration is whether there was improper
or arbitrary exercise of discretion in grant of bail.
