Anticipatory bail: Supreme Court issues clarification
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An accused can’t transfer for anticipatory bail as soon as his common bail has been cancelled by court docket, the Supreme Court has held in a latest order.
The accused is within the “constructive custody of law” even whereas out on bail,” a Bench led by Justice Navin Sinha defined.
The case considerations a plea for anticipatory bail by Manish Jain.
The practice of occasions started when Jain was granted common bail for violation of the Environment Protection Act.
But he didn’t seem for subsequent proceedings. The court docket cancelled his common bail on the bottom of non-appearance underneath Section 174A of the Indian Penal Code. He was once more arrested and launched on bail. Jain apprehends he could also be arrested once more 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 docket stated.
In a brief 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 Jain’s plea for anticipatory bail and requested him to give up and search common bail. The designated court docket might contemplate his common bail plea with none prejudice, the Bench stated.
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