2024-09-11 05:39:54
New Delhi : In an important decision, the Supreme Court on Monday said that a person can be granted anticipatory bail even if he is already in custody in some other case. A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra delivered the verdict. In the judgment, the bench said that there is no express or implied bar which prevents the Sessions or High Court from granting anticipatory bail to an accused if he is in custody in relation to some other crime. This would be against the intent of the legislature.
So you can’t take away the right to security
The court also said that all rights granted to the accused in respect of an offence are independent of the previous offence for which he is in custody. If anticipatory bail is granted in a subsequent offence, even when he is in custody, the police cannot arrest him in that subsequent offence. The court ruled that detention in one case does not take away the right to seek protection from arrest in another case.
The accused was arrested despite anticipatory bail from the Supreme Court, the bench imposed a fine of Rs 25,000 on Gujarat Police
The apex court accepted the plea of the accused
The issue arose in a case where a criminal complaint against an accused was dismissed but then reopened after he was arrested in another case. The accused then filed an anticipatory bail plea in the Bombay High Court. The Supreme Court on October 31 last year held that the plea was maintainable. This led to an immediate appeal. The counsel for the accused argued that the apprehension of arrest based on the discretion of the investigating officer cannot be treated as unfounded. The apex court found merit in the argument of the accused.
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The bench reasoned that the procedure followed in such cases (where anticipatory bail is sought by an accused who is already in custody in another case) must stand the test of right to life, liberty and fair trial.