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Monday, March 20, 2023

Custody during bail

Manish Jain v. Haryana State Pollution Control Board, (2020) 20 SCC 123 : (2022) 1 SCC (Cri) 676 : 2020 SCC OnLine SC 1101 at page 123

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.

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