Source - Livelaw.in
The Supreme Court has held that a person cannot file an anticipatory bail application apprehending arrest following the cancellation of his regular bail.
This is because a person released on bail remains under the 'constructive custody' of law and a person in custody cannot seek anticipatory bail, explained the top court.
The petitioner, Manish Jain, was granted regular bail in a prosecution under Section 15 of the Environment Protection Act, 1986. The bail then cancelled because of non appearance.
He approached the Punjab and Haryana High Court seeking anticipatory bail. When the High Court refused, he filed special leave petition in the Supreme Court.
A bench comprising Justices Navin Sinha and K M Joseph dismissed the SLP.
The Court said that if the petitioner surrenders within two weeks and seeks regular bail, it shall be considered on the very same day.