Sunday, 22 November 2020

Supreme Court: Anticipatory Bail Application Not Maintainable By A Person Who Apprehends Arrest After Cancellation Of Regular Bail

 The petitioner was granted regular bail in a

prosecution under Section 15 of the Environment Protection

Act, 1986. Suffice it is to observe that the bail then came

to be cancelled because of non-appearance. Proceedings

under Section 174A IPC ensued leading to his arrest pursuant

to which he was released on bail. The petitioner now seeks

anticipatory bail pursuant to the cancellation of the

regular bail granted to him under Section 15 of the Act.

A person released on bail is already in the

constructive custody of law. If the law requires him to

come back to custody for specified reasons, we are afraid

that an application for anticipatory bail apprehending

arrest will not lie. There cannot be an apprehension of

arrest by a person already in the constructive custody of

the law. We, therefore, reject the prayer for anticipatory

bail.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No. 5385/2020


MANISH JAIN  Vs HARYANA STATE POLLUTION CONTROL BOARD 

Date : 20-11-2020 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE NAVIN SINHA

HON'BLE MR. JUSTICE K.M. JOSEPH


UPON hearing the counsel the Court made the following

O R D E R

The petitioner was granted regular bail in a

prosecution under Section 15 of the Environment Protection

Act, 1986. Suffice it is to observe that the bail then came

to be cancelled because of non-appearance. Proceedings

under Section 174A IPC ensued leading to his arrest pursuant

to which he was released on bail. The petitioner now seeks

anticipatory bail pursuant to the cancellation of the

regular bail granted to him under Section 15 of the Act.

A person released on bail is already in the

constructive custody of law. If the law requires him to

come back to custody for specified reasons, we are afraid

that an application for anticipatory bail apprehending

arrest will not lie. There cannot be an apprehension of

arrest by a person already in the constructive custody of

the law. We, therefore, reject the prayer for anticipatory

bail.

But, if the petitioner surrenders within two weeks

from today and seeks regular bail, we direct that it shall

be considered on the very same day.

Advance copy shall be served on the public prosecutor

to facilitate the hearing.

Any such application for regular bail has to be

considered on its own merits including the fact that

originally he had been released on bail and such other

grounds that may be raised without being prejudiced by our

present order.

The special leave petition stands disposed of.

Pending application stands disposed of.


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