SC: A Person in Custody Can Seek Pre-Arrest Bail in Another Case

The apex court, led by CJI DY Chandrachud, affirmed that a person in custody for one offence can still apply for anticipatory bail in a separate case. The court stated that there is no prohibition against granting anticipatory bail in such circumstances, reinforcing the principle that legal rights concerning one case are distinct from those in another.

New Delhi: The Supreme Court on Monday said that an application for anticipatory bail is maintainable by a person who is already in custody in connection with a different case.

A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra made it clear that there is no bar on securing a pre-arrest bail in another case. The apex court said the custody in one case does not take away the right to seek protection from arrest in another case.

Justice Pardiwala pronounced the judgment on behalf of the bench. The detailed judgment of the bench in the matter will be uploaded later in the day.

The apex court made it clear that there is no explicit or implicit restriction which prohibits either the sessions court or the high court from granting anticipatory bail to an accused if he is in custody in relation to another offence.

The apex court said all rights conferred on the accused in relation to an offence is independent of the previous offence, under which he is in custody.

The apex court agreed with a counsel’s contention that the procedure to be adopted in such cases must fulfil the touchstone of the right to life, liberty, and fair trial.