Prima Facie Inclined To Hold That Accused Under Custody In One Case Can Seek Anticipatory Bail In Another Case, Says Supreme Court

The Supreme Court today agreed to consider the legal question whether anticipatory bail can be granted when the accused is arrested in another case.  

The bench led by CJI DY Chandrachud, while hearing a criminal matter, noted that a brief question of law pertained- whether a person who is already arrested under one set of criminal charges in one case can be given anticipatory bail in another case altogether. Senior Advocate Mr Siddarth Dave appearing for one of the parties added that the question was not just of the grant of anticipatory bail in such a scenario but also of maintainability of such a plea for anticipatory bail. 

The CJI expressed that prima facie not permitting anticipatory bail in one case while being apprehended for another would restrict the essence and purpose of the criminal provision dealing with the grant of anticipatory bail. 

" We are prima Facie inclined to take the view that you cannot stultify Section 438 CrPC like this. If a person is under arrest for a given offence, he cannot get anticipatory bail in that case I am sure. He is entitled to get anticipatory bail in other, subject to a hearing." 

The Bench will hear the final arguments on the issue on Wednesday (May 8). 

Case Details : DHANRAJ ASWANI Versus AMAR S. MULCHANDANI AND ANR. DIARY NO. - 51276/2023