Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India

The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.

To the background of the case, the petitioner in the case was granted regular bail in the prosecution under Section 15 of the Environment Protection Act, 1986. But the Bail was 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 then filed the anticipatory bail pursuant to the cancellation of the regular bail granted to him under Section 15 of the Act.

The Bench of Justice Navin Sinha and Justice K.M. Joseph in its Judgment dated 20.11.2020 while dealing with the issue, observed that

“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”

Thereby declined the prayer for Anticipatory bail.