MANISH JAIN Vs. HARYANA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) The petitioner was granted regular bail in a prosecution under Sec. 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 Sec. 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 Sec. 15 of the Act.

(2.) 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.

(3.) 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.