The Supreme Court on Monday ruled that individuals already in custody for one case may seek anticipatory bail for another unrelated criminal matter. This decision addresses longstanding uncertainties regarding the rights of detained individuals facing charges in multiple cases.
Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, deliberated on this significant legal query, ultimately expanding the scope of anticipatory bail. Justice Pardiwala, delivering the judgment, stated, “An accused is entitled to seek anticipatory bail so long as he is not arrested in relation to that offence. If arrested, the only remedy is to apply for regular bail.”
This ruling stemmed from a plea brought forth by Dhanraj Aswani in 2023, who challenged the prevailing interpretations of bail rights. The Supreme Court’s verdict emphasized that being in custody for one offense does not automatically negate the possibility of arrest in another, hence the need for the option of anticipatory bail.
The judgment further elaborated that neither session courts nor high courts are restricted from granting anticipatory bail merely because the accused is already detained under a different charge. This interpretation ensures that the legislative intent—providing a safeguard against unjust arrests—is upheld across multiple legal scenarios.
