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

Actress Kasthuri released from jail, says ‘I thank those who made me raging storm’

Kidnapped for ransom in 1998, 26/11 survivor Gautam Adani faces biggest trial

100 engineering colleges in Karnataka to be ‘adopted’ by corporates by next year: IT Minister Kharge

Siddaramaiah defends BPL ration card cancellation, says only ineligible beneficiaries affected

China announces new policy measures to protect its exports from Trump’s new tariff threat

Renovated Medical Oncology OPD and Chemotherapy Day Care Centre inaugurated at Kasturba Hospital, Manipal

Karnataka Health Minister justifies revision of user fees in state-run hospitals

Related Articles More

Actress Kasthuri released from jail, says ‘I thank those who made me raging storm’

Kerala HC quashes FIR against Goa Guv over remarks on Sabarimala women entry

Smriti Irani embarks on four-nation tour to promote book on PM Modi

Karnataka Milk Federation enters Delhi-NCR, offers competitive pricing on Nandini products

Rahul, Congress tried since 2002 to target Modi’s image, PM’s credibility remains high: BJP

MUST WATCH

Christmas Cake Fruit Mixing

DK Shivakumar

Rose Cultivation

Geethotsava

Naxal Operation


Latest Additions

Siddaramaiah says confident of winning all three bypolls in Karnataka

Hop on! IT Minister Priyank Kharge checks out Uber Shuttle at Bengaluru Tech Summit

Actress Kasthuri released from jail, says ‘I thank those who made me raging storm’

Kidnapped for ransom in 1998, 26/11 survivor Gautam Adani faces biggest trial

AIMPLB to hold its annual general sessions in Bengaluru from November 23

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.