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Anticipatory bail: Supreme Court issues clarification

  • Posted By
  • Categories
    Polity & Governance
  • Published
    23rd Nov, 2020


  • In a short order, the Supreme Court reasoned that “there cannot be an apprehension of arrest by a person already in the constructive custody of the law.”
    • The case concerns a plea for anticipatory bail by Manish Jain.

    • The train of events began when Jain was granted regular bail for violation of the Environment Protection Act.

What the court said in the order?

  • An accused cannot move for anticipatory bail once his regular bail has been cancelled by court, the Supreme Court has held in a recent order.
  • The accused is in the “constructive custody of law” even while out on bail.

What is Anticipatory bail?

  • It is a direction to release a person on bail, issued even before the person is arrested.
  • It is only issued by the Sessions Court and High Court.

How the anticipatory bail is different from the Regular Bail?

  • Regular bail is a bail granted to a person who has been arrested and/or was in police custody or judicial custody.
  • While the Anticipatory BailIs bail granted before the arrest and is granted normally by Sessions Court or High Court. It is granted when someone apprehends arrest in some crime.

What is Constructive Custody of Law?

  • Constructive Custody refers to the custody of a person who is not under direct physical control but whose freedom is controlled by legal authority.

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