Supreme Court Rules On Anticipatory Bail Rights For Those In Custody

The Supreme Court has clarified that individuals currently in custody for one case can still file for anticipatory bail to avoid arrest in another case. In its ruling, the Court stated that being detained in one matter does not negate a person’s right to seek protection from arrest in a separate case.

The Court’s decision allows lower courts and High Courts to hear and decide on anticipatory bail applications even if the applicant is already in custody for a different offense. Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Mishra, delivered the verdict.

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Justice Pardiwala, speaking on behalf of the bench, emphasized that an accused can seek anticipatory bail as long as they have not been arrested in connection with the new crime. If the person has been arrested in the new case, regular bail is the appropriate course of action.

The Supreme Court addressed this issue in response to a petition filed by Dhanraj Aswani in 2023. The Court noted that neither express nor implied restrictions prevent the Sessions Court or High Court from granting anticipatory bail to an accused who is already in custody for another offense.