SC: Accused in custody can seek anticipatory bail for another case

The Supreme Court in the case Dhanraj Aswani Versus Amar S Mulchandani And Anr observed and has held that an accused who is already in custody in connection with one case can apply for anticipatory bail in connection with another case.

The bench comprising of Chief Justice of India, Justice JB Pardiwala and Justice Manoj Misra delivered the judgement in the case wherein the legal issues is raised as to whether anticipatory bail can be granted when the accused is being arrested in another case.

CONCLUSIONS:

The bench of Justice JB Pardiwala read out the main conclusions of the judgment as follows: An accused is entitled to seek anticipatory bail in connection with an offence, so long as the accused is not arrested in relation to that offence and once the accused is arrested, the remedy available to him is to apply for regular bail under Section 437 or section 439 of the Code of Criminal Procedure, CrPC.

The court stated that there being no explicit or implied restriction in the Code of Criminal Procedure, CrPC or in any other statute that prohibits the Sessions Court or the High Court from entertaining and deciding an anticipatory bail application in relation to an alleged offence while the applicant is in custody in relation to a different offence.