Rohit Arora v. State Of Punjab

CRM-M-13023-2026 -1- 







  
 





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CRM-M-13023-2026 -2- 




 

  
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CRM-M-13023-2026 -3-  



    



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This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6.

The petitioner is alleged to have been found in conscious possession of commercial quantity of intoxicating tablets. He had been extended benefit of interim regular bail on 12.03.2024 which was conditional till the date of receipt of FSL. After filing of FSL report before the Court, the petitioner has not surrendered and moved an application for modification of the order dated 12.03.2024. He has straightaway filed the instant petition for grant of anticipatory bail before this Court without resorting to the remedy of claiming such relief from the Sessions Court at the first instance. No doubt, a petition for grant of anticipatory bail can be straightaway filed before this Court but in exceptional circumstances. No such circumstance has, however, either been pointed out or made out in this case. Moreso, on account of his

CRM-M-13023-2026 -4non-appearance, after receipt of FSL report, the order dated 12.03.2024, which was a conditional order only, is presumed to have been cancelled. Admittedly, non bailable warrants have also been issued against him. The well settled proposition of law is that a person released on bail (either interim or otherwise) is already in constructive custody of law and if the law requires him to come back to custody for specified reasons, an application/petition for anticipatory bail apprehending arrest will certainly not lie as there cannot be apprehension of arrest by a person already in constructive custody of law. In this regard, this Court places reliance upon the observations made by Hon'ble Apex Court in
  

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7.

In view of the above discussed facts, this Court is of the considered opinion that the petition is not maintainable and is liable to be dismissed. Accordingly, the same is dismissed. 8.

However, it is, clarified that if the petitioner surrenders before the trial Court and files application for regular bail, the same shall be considered on its own merits without being prejudice by this order.
 

 
 
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