Accused in custody can seek anticipatory bail in another case, says SC
This story was originally published at 12:46 IST on 9 September 2024
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NEW DELHI – The Supreme Court today held that an accused already in custody in one case can seek anticipatory bail in relation to another case. An accused is entitled to seek anticipatory bail as long as he is not arrested in relation to that offence, and if he is arrested, the only remedy is to apply for a regular bail, said the court.
The apex court said there was no explicit or implicit restriction which prohibits sessions or high courts from granting anticipatory bail to an accused if he is in custody in relation to another offence. The top court said such a restriction would be against the intent of the legislature to make the law.
The bench led by Chief Justice of India D.Y. Chandrachud said that all rights conferred on the accused in relation to another offence are independent of the previous offence under which he was in custody. If an order granting anticipatory bail is granted in subsequent offences, even when he is in custody, then police cannot arrest him in that subsequent offence, said the Bench, also comprising Justice J.B. Pardiwala and Justice Manoj Misra. "Custody in one case does not take away the right to seek protection from arrest in another case," said the court.
The top court was hearing a case where Amar S. Mulchandani had filed an application seeking anticipatory bail in respect of a case registered under various sections of the Indian Penal Code with Pimpri Police Station in Maharashtra. Mulchandani at that time was already in custody in relation to an Enforcement Case Information Report. Mulchandani, former chairman of Seva Vikas Cooperative Bank, was in jail with respect to a money laundering case linked to alleged fraud and misappropriation of funds worth 4.29 bln rupees.
In October, the Bombay High Court had dismissed an informant Dhanraj Aswani's petition challenging Mulchandani's anticipatory bail plea on maintainability. Against this order, Aswani moved the apex court. The apex court today dismissed Aswani's petition and said the bail application of Mulchandani will be heard on merits. End
Reported by Surya Tripathi
Edited by Akul Nishant Akhoury
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