In a landmark decision, the Supreme Court of India has ruled that an accused who is already in custody for one case can seek anticipatory bail in another case. This ruling, delivered on September 9, 2024, by a bench comprising Chief Justice D.Y. Chandrachud, Justices J.B. Pardiwala, and Manoj Misra, addresses a significant legal question regarding the rights of individuals under custody.
Key Points of the Ruling
- Eligibility for Anticipatory Bail: The court clarified that being in custody for one offense does not preclude an individual from applying for anticipatory bail in a separate matter, provided they have not been arrested for that new case.
- Legislative Intent: The bench emphasized that there is no explicit or implicit restriction in the law that prohibits a sessions court or a high court from granting anticipatory bail to an accused in custody for another offense. The court stated that such a restriction would be against the intent of the legislature.
- Apprehension of Arrest: The ruling highlighted that custody in one case does not eliminate the apprehension of arrest in another case. Therefore, an accused can seek anticipatory bail to prevent arrest in a new case while already in custody for a different offense.
- Case Background: The judgment came in response to a plea filed by Dhanraj Aswani, who raised the question of whether an individual in custody could apply for anticipatory bail in another criminal case. The court’s decision provides clarity on this matter, ensuring that the rights of the accused are protected.
Implications of the Ruling of the Supreme Court
This ruling has significant implications for the legal system and the rights of individuals in custody. It ensures that the legal process remains fair and just, allowing accused persons to seek protection from arrest in new cases even while they are in custody for other offenses. This decision reinforces the principle that the apprehension of arrest in a new case is a valid concern, and the legal system must provide mechanisms to address it.