Individuals arrested in one case can apply for anticipatory bail in another: Supreme Court
The court said that if a person in custody feared arrest in a separate matter, the subsequent offence should be treated as distinct from the first.
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The Supreme Court on Monday said in a judgement that an individual arrested in one case can apply for anticipatory bail in another case, reported Live Law.
The right of a person accused of a crime to personal liberty, through anticipatory bail, cannot be thwarted without a valid procedure established by law, the court said.
“An accused is entitled to seek anticipatory bail in connection with an offence, so long as he is not arrested in relation to that offence,” the court said. “Once he is arrested, the only remedy available to him is to apply for regular bail.”
A bench led by Chief Justice DY Chandrachud, with Justices JB Pardiwala and Manoj Misra, was hearing a petition concerning the legal question of whether anticipatory bail can be granted to a person already in custody in a separate case.
The bench pointed out that the Code of Criminal Procedure does not prohibit sessions courts or high courts from “deciding an anticipatory bail application in relation to an offence while the applicant is in custody in relation to a different offence”.
“The only restriction on the power of the Court to grant anticipatory bail under Section 438 CrPC is one prescribed under sub-section (4) of Section 438 CrPC and in other statutes like Scheduled...
