SC rules that anticipatory bail remains maintainable even if a person is in judicial custody in another case.
Anticipatory Bail Valid Despite Custody in Other Case: SC
The Supreme Court has held that the pendency of a person in judicial custody in one criminal case does not render an application for anticipatory bail under Section 438 CrPC (now Section 482 BNSS) non-maintainable in another. The ruling clarifies a growing procedural ambiguity in criminal jurisprudence.
The court emphasized that each alleged offence is independent, and the right to seek pre-arrest protection must be assessed case-wise. The protection under Article 21 and Section 482 BNSS is triggered whenever there is a credible threat of arrest, irrespective of existing custody status. The court referred to *Gurbaksh Singh Sibi v. State of Punjab* to affirm that anticipatory bail is an extraordinary but justified remedy.
This precedent is significant for white-collar crime and corporate litigation practitioners. It affirms that multiple investigations do not bar statutory relief. Legal teams must evaluate separate allegations independently when advising clients on bail strategies.
Citations
- Gurbaksh Singh Sibi v. State of Punjab
