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'Jailed Accused Can Seek Anticipatory Bail In Another Criminal Case' Says Supreme Court | Law Today

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In an important judgment, the Supreme Court has ruled that a person in custody for one case can still be granted anticipatory bail in another case. The judgment was delivered by a bench comprising Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, in the case of Dhanraj Aswani v. Amar S Mulchandani and Anr. The Court clarified that there is no legal restriction preventing a sessions court or High Court from granting anticipatory bail to an accused, even if they are already in custody for a different offence. The rights associated with an offence are independent of any other offence for which the person is already in custody. Therefore, if anticipatory bail is granted in a subsequent case, the police cannot arrest the person in that case merely because they are in custody for another matter. The Court emphasized that being in custody for one case does not eliminate the right to seek anticipatory bail in another.
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