A Division Bench comprising Justices DY Chandrachud and Indira Banerjee observed that a High Court in its jurisdiction under Article 226 of the Constitution of India has the power to grant bail in a suitable case. In an application under Article 226, the High Court must be circumspect in exercising its powers [to grant bail]
on the basis of the facts of each case. However, the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power, it observed while granting bail to Arnab Goswami in a habeas corpus petition.
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