Anticipatory bail: Supreme Court issues clarification

 thehindu.com  11/22/2020 17:22:52 

An accused cannot move for anticipatory bail once his regular bail has been cancelled by court, the Supreme Court has held in a recent order.

The accused is in the constructive custody of law even while out on bail, a Bench led by Justice Navin Sinha explained.

The case concerns a plea for anticipatory bail by Manish Jain.

The train of events began when Jain was granted regular bail for violation of the Environment Protection Act.

But he did not appear for subsequent proceedings. The court cancelled his regular bail on the ground of non-appearance under Section 174A of the Indian Penal Code. He was again arrested and released on bail. Jain apprehends he may be arrested again and sought anticipatory bail.

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, the apex court said.

In a short order, the Supreme Court reasoned that there cannot be an apprehension of arrest by a person already in the constructive custody of the law.

It rejected Jains plea for anticipatory bail and asked him to surrender and seek regular bail. The designated court may consider his regular bail plea without any prejudice, the Bench said.

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