Accused in custody in one case can seek anticipatory bail in another: SC

The Supreme Court on Monday held that an accused, who is lodged in custody in a case, is entitled to seek anticipatory bail in another matter as long as he is not arrested in relation to that alleged offence.

The apex court said there was no express or implied restriction in the statute that prohibits the sessions court or high courts from deciding an anticipatory bail application in a case, while the applicant was in custody in connection with a different offence.

A bench headed by Chief Justice D Y Chandrachud said the purpose behind incorporating section 438 in the Code of Criminal Procedure (CrPC), which deals with direction for grant of bail to a person apprehending arrest, was to recognise the importance of "personal liberty and freedom in a free and democratic country".

"An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence. Once he is arrested, the only remedy available to him is to apply for