In the case of Manish Jain v Haryana Pollution Control Board (SLP(Crl) 5385/2020, a bench comprising Justices Navin Sinha and K M Joseph
has held that an anticipatory bail application cannot be filed by a person who apprehends arrest after the cancellation of the regular bail held by supreme court.
The reason stated for such decision was that the person can seek anticipatory bail when he/she is still in the constructive custody of the law. This observation was made in a case while denying the person apprehending arrest made an application for the anticipatory bail.
Under section 15 of Environment Protection Act, 1986 the petitioner was prosecuted and was granted a regular bail which got cancelled due to non-appearance.
The petitioner filed a special leave petition at supreme court after high court of Punjab and haryana refused to grant him the said relief.
A bench comprising Justices Navin Sinha and K M Joseph dismissed the SLP observing :
“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.”
Lawcutor 