Headline
The Supreme Court of India ruled that an accused in custody can seek Anticipatory Bail in another separate case.
Summary
The Supreme Court of India on 9 th September 2024, ruled that an accused already in custody for one case can apply for anticipatory bail in a separate case. The Chief Justice of India headed the bench and Justice JB Pardiwala and Justice Manoj Misra.
Key Facts
- Case Name: Dhanraj Aswani vs. Amar S. Mulchandani and Anr.
- Name of Judges: Chief Justice of India, Justice JB Pardiwala, and Justice Manoj Misra
- The case acknowledged that anticipatory bail is allowed when the accused is already in custody for different offenses.
Legal Insights
The Supreme Court of India said that an accused can ask for anticipatory bail for a new offense unless already arrested for that particular offense. The only limitation is on seeking bail after being remanded.
Impact
This judgment explains the extent of anticipatory bail, permitting those in custody for one crime to seek pre-arrest protection for another.
Why It Matters
It focuses on the rights of the accused under Section 438 Criminal Procedure Code (CrPC), highlighting the protection of personal liberty even when already in custody for a separate case.
Source:
