| ASPECTS | DETAILS |
| Case Title | Dhanraj Aswani v. Amar S. Mulchandani & Anr. |
| Introduction | The case states the maintainability of anticipatory bail under Section 438 CrPC when the accused is already in judicial custody in another case. |
| Factual Background | The appellant challenged the anticipatory bail granted to the accused by the High Court, arguing that anticipatory bail cannot be sought by a person already in custody for another offense. |
| Legal Issues | Whether anticipatory bail under Section 438 CrPC is maintainable for a person already in custody for another offense. |
| Applicable Law | Section 438, Code of Criminal Procedure (CrPC), 1973. |
| Analysis | The Supreme Court analyzed precedents from various High Courts and constitutional provisions on personal liberty under Article 21. It concluded that anticipatory bail is maintainable. |
| Conclusion | The Court held that a person can seek anticipatory bail even if they are in custody for a different offense, provided the cases are unrelated. |
| Current Scenario | The judgment clarifies the law on anticipatory bail, ensuring personal liberty under Article 21, and allowing for the right to apply for anticipatory bail in distinct and separate cases. |
CASE SUMMARY – In this case, the Supreme Court of India addressed the maintainability of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. The central question was whether a person already in custody for one offense could apply for anticipatory bail in a different case. The High Court ruled that such an application is maintainable, leading the appellant to challenge the decision. The Supreme Court, after reviewing legal precedents and submissions from both sides, clarified that anticipatory bail could be sought in cases unrelated to the one where the accused is in custody.
“Anticipatory bail cannot be denied solely because the accused is in custody for a different, unrelated offense.” – SUPREME COURT OF INDIA
SOURCE – SUPREME COURT OF INDIA
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