SC rules accused in custody can seek anticipatory bail for separate case

The Supreme Court on Monday, 9 September held that an accused, who is in custody in a case, is entitled to seek anticipatory bail in another matter if not arrested.

A bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was dealing with a legal question as to whether a jailed accused is entitled to apply for the pre-arrest bail in another criminal case.

“An accused is entitled to seek anticipatory bail so long as he is not arrested in relation to that offence and if he is arrested in that case also then only remedy is to apply for regular bail,” Justice Pardiwala said while pronouncing the verdict for the bench.

The judgement came on a plea filed by one Dhanraj Aswani in 2023 raising the question.

“There is no explicit or implicit restriction which prohibits a sessions or the high court to grant anticipatory bail to an accused if he is in custody in relation to another offence. That will be against the intent of the legislature...,” the verdict said.

"Custody in one case does not have the effect of taking away the apprehension of arrest in another case," it held.