Published On: 09 Sep 2024, 11:15 am

On Monday, the Supreme Court of India clarified that being in custody in one case does not take away the right to seek anticipatory bail in a separate case.

The decision was delivered by a Bench comprising Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, in the case Dhanraj Aswani v. Amar S Mulchandani and Anr.

The Court held that no law explicitly or implicitly restricts the Sessions Court or the High Court from granting anticipatory bail to an accused already in custody for another offense.

The Bench remarked, “Custody in one case does not negate the right to seek protection from arrest in a subsequent case.”

It emphasized that each case must be considered independently and anticipatory bail granted in a subsequent case means the accused cannot be arrested for that specific matter even if they are already in custody for another offense.

This interpretation ensures the accused’s rights to life, liberty, and a fair trial are upheld, in line with constitutional principles.

The legal question in this case arose when a criminal complaint was initially quashed but later revived after the accused was arrested in a separate case.

Following his arrest, the accused approached the Bombay High Court seeking anticipatory bail, which the High Court found maintainable in its order dated October 31, 2023. This led to an appeal by the informant, arguing that anticipatory bail is only granted in cases of genuine apprehension of arrest, not as a matter of right.

Counsel for the accused countered that the apprehension of arrest in the new case was valid, regardless of their existing custody in another case.

The Supreme Court accepted this argument, stating that anticipatory bail procedures must protect the accused’s rights, and thus dismissed the appellant’s appeal.

Key Details:

• Case Name: Dhanraj Aswani v. Amar S Mulchandani and Anr
• Bench: CJI DY Chandrachud, Justices JB Pardiwala, and Manoj Misra
• Advocates for Appellant: Senior Advocates Sidharth Luthra, Gopal Sankaranarayanan; Advocates Prashant S Kenjale, Amol N Suryawanshi, and others
• Advocates for Accused: Senior Advocate Siddhartha Dave; Advocates Vidhi Thaker, Shantanu Phanse, Sudhanva Bedekar, and others