Custody in one case does not take away right to anticipatory bail in another case: Supreme Court

The Supreme Court on Monday held that anticipatory bail can be granted to a person in a case, even if they are already under custody in another case [Dhanraj Aswani v. Amar S Mulchandani and anr]..A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra delivered the judgment today."There is no explicit or implicit restriction which prohibits sessions or High Court from granting anticipatory bail to an accused if he is in custody in relation to another offence. That will be against the intent of the legislature...All rights conferred on the accused as in relation to an offence is independent of the previous offence under which he is in custody. If anticipatory bail is granted in subsequent offence, even when he is in custody then police cannot arrest him in that subsequent offence...Custody in one case does not take away the right to seek protection from arrest in another case," the Court held. .The question of law arose in a case where a criminal complaint against an accused was quashed, but then revived when he was arrested in another case.The accused then moved an anticipatory bail plea before the Bombay High Court, which on October 31 last year, said that the petition was maintainable.This led to the instant appeal..Counsel for the appellant (informant) pointed out that a case for anticipatory bail arises when there is a genuine apprehension of arrest, and not as a matter of right.Counsel for the accused argued that such apprehension cannot be deemed unfounded based on the discretion of the investigating officer.The Court today accepted the stance of the accused. The Bench reasoned that the procedure to be adopted in such cases (where anticipatory bail is sought by an accused who is already in custody in another case) must fulfil the touchstone of the right to life, liberty and fair trial.The Court, therefore, rejected the appellant's arguments and dismissed his appeal. .Senior Advocates Sidharth Luthra and Gopal Sankaranarayanan with Advocates Prashant S Kenjale, Amol Nirmalkumar Suryawanshi, Srishty Pandey, Ashutosh Chaturvedi, Gayatri Virmani,and Shubham Gavande of Juristrust Law Offices appeared for the informant-appellant.Senior Advocate Siddhartha Dave with Advocates Vidhi Thaker, Shantanu Phanse, Sudhanva Bedekar, Prastut Dalvi and Siddhant Sharma appeared for the accused..[Read Judgment].[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.