A Person Cannot File an Anticipatory Bail Application Apprehending Arrest Following the Cancellation of his Regular Bail: SC

A person cannot file an anticipatory bail application apprehending arrest following the cancellation of his regular bail: SC

The Supreme Court has ruled that a person cannot file an anticipatory bail application apprehending arrest following the cancellation of his regular bail. The Apex Court observed this while disposing of anticipatory bail application to a person who was apprehending arrest pursuant to cancellation of his regular bail.

Brief Facts of the Case

  • Manish Jain, the petitioner, was granted regular bail in a trial under Section 15 of the Environment Protection Act, 1986. However, the same was annulled because of his non-appearance.
  • Aggrieved by this he approached the High Court of Punjab and Haryana seeking anticipatory bail. The High Court denied granting him relief.
  •  Later, he approached to the Apex Court by filing a special leave petition.

Observation and finding of the Top Court

“There cannot be an apprehension of arrest by a person already in the constructive custody of the law”

  • An Apex Court while dismissed the SLP noted that “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”.
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  • The Court held that if the petitioner surrenders within two weeks from November 20 and seeks regular bail, it shall be considered on the very same day.
  • “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 Court added.

Case Name: Manish Jain v Haryana Pollution Control Board

Citation: (SLP (Crl) 5385/2020

Coram: Justices Navin Sinha and K M Joseph

[A person cannot file an anticipatory bail application apprehending arrest following the cancellation of his regular bail: SC]

Also Read: WhatsApp Chats Are Not Substantial & Sufficient To Hold The Role Of Accused At This Stage: NDPS Court While Granting Bail To Paul Bartels

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