Supreme Court Allows Anticipatory Bail for Accused in Custody

The Supreme Court ruled that an accused in custody can apply for anticipatory bail in another case if not arrested. The decision came from a plea by Dhanraj Aswani, clarifying that there's no restriction against granting anticipatory bail for another offence even if the accused is in custody.

In a significant ruling, the Supreme Court on Monday declared that an accused already in custody is entitled to seek anticipatory bail for another case if not arrested in that particular matter. Chief Justice D Y Chandrachud along with Justices JB Pardiwala and Manoj Misra addressed this pivotal legal question.

The judgement was pronounced in response to a plea filed by Dhanraj Aswani in 2023, emphasizing that no legislation explicitly prohibits a sessions or high court from granting anticipatory bail to someone in custody for a different offence. The court asserted that such restrictions would contradict the intent of the legislature.

Justice Pardiwala, delivering the verdict, stated, “An accused is entitled to seek anticipatory bail as long as he is not arrested for that specific offence. If arrested, the only remedy is to apply for regular bail.” The bench maintained that custody in one case does not eliminate the fear of arrest in another.