Jailed accused can seek anticipatory bail in another criminal case: SC
PTI, Sep 9, 2024, 11:34 AM IST
New Delhi: The Supreme Court on Monday held that an accused, who is in custody in a case, is entitled to seek anticipatory bail in another matter if not arrested.
A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra was dealing with a legal question as to whether a jailed accused is entitled to apply for the pre-arrest bail in another criminal case.
“An accused is entitled to seek anticipatory bail so long as he is not arrested in relation to that offence and if he is arrested in that case also then only remedy is to apply for regular bail,” Justice Pardiwala said while pronouncing the verdict for the bench.
The judgement came on a plea filed by one Dhanraj Aswani in 2023 raising the question.
“There is no explicit or implicit restriction which prohibits a sessions or the high court to grant anticipatory bail to an accused if he is in custody in relation to another offence. That will be against the intent of the legislature…,” the verdict said.
“Custody in one case does not have the effect of taking away the apprehension of arrest in another case,” it held.
Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.
Top News
Related Articles More
P Jayarajan’s remarks on IS recruitment spark debate in Kerala
Not happy with outcome of meeting with Bengal govt, ‘cease work’ to continue: Agitating doctors
59% turnout in first phase of J-K assembly polls, voting peaceful: CEO
MP: Seven killed, ten hurt in dumper truck and three-wheeler collision
One nation, one election: Top 10 recommendations by Ram Nath Kovind panel
MUST WATCH
Latest Additions
Health Department on High Alert in DK after fear of monkeypox arises following nipah in Kerala
Katapadi: One injured in road mishap
I still have that fire and greed of wanting to just be in front of camera, says Kareena Kapoor Khan
P Jayarajan’s remarks on IS recruitment spark debate in Kerala
Not happy with outcome of meeting with Bengal govt, ‘cease work’ to continue: Agitating doctors
Thanks for visiting Udayavani
You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.