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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