The question that poses for consideration is whether this is a fit case for the grant of anticipatory bail. Anticipatory bail is granted in anticipation of arrest and it is effective at the very moment of arrest unlike ordinary bail which is granted after arrest. The prohibition in S. 437(1) that a person against whom there are reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment for life shall not be released on bail is not there is S. 438 and it cannot be read into that section also. The discretion in granting anticipatory bail is very wide. But that judicial discretion has to be exercised only if the Court of Session or the High Court considers it fit so to do on the particular facts and circumstances of the case and on such conditions as the case may warrant. Discretion to refuse anticipatory bail is also there if the circumstances of the case so warrant, on considerations alike those mentioned in S. 437 or which are generally considered to be relevant under S. 439. The Court is free to refuse anticipatory bail if the materials on record justify such refusal. It is true that Art. 21 of the Constitution provides that