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2026 DIGILAW 275 (SC)

Pardeep Kumar v. State of Punjab

2026-03-16

N.V.ANJARIA, PRASHANT KUMAR MISHRA

body2026
ORDER 1. The petitioner was arrested on 02.08.2018 and thereafter, he was released on interim bail till the FSL report was presented in the Court. After the FSL report was submitted in the Court in January, 2025, the interim bail granted to the petitioner was cancelled and non-bailable warrant was issued against him. Thereafter, the petitioner has moved an anticipatory bail application, which was dismissed by the Trial Court, and the High Court as well, under the impugned order. 2. In our considered view, once the petitioner was arrested and released on interim bail, technically, he is in custody of the Court and immediately, after rejection of his interim bail application, petitioner should have surrendered before the concerned Police or in Court. 3. At this point in time, the petitioner is not entitled to maintain an application for anticipatory bail because his non-surrender and consequent absconding dis-entitles him from applying for anticipatory bail, after once being arrested. 4. Accordingly, the Special Leave Petition is dismissed. 5. Pending application(s), if any, shall stand disposed of.