The Supreme Court in Criminal Appeal No. 2501 of 2024 (Dhanraj Aswani v. Amar S. Mulchandani & Anr.) addressed a significant legal question—Can anticipatory bail be sought by an accused already in judicial custody for a different offence?
This judgment, arising from a split in judicial opinion, not only settles the law but also emphasizes the delicate balance between individual liberty and the imperatives of criminal investigation.
Key Issue at Hand
The central issue in this case was whether a person already in judicial custody for one crime could apply for anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC) in relation to another case. The High Court of Bombay had ruled that a person could, in fact, seek anticipatory bail for a different case even if already in custody for another crime. The appellant, Dhanraj Aswani, challenged this view before the Supreme Court.
Evolution and Purpose of Anticipatory Bail
The concept of anticipatory bail was introduced under Section 438 of the CrPC to protect individuals from the possibility of unjustified detention and arrest on frivolous grounds. The Law Commission in its 41st report highlighted the misuse of criminal law by influential individuals who might implicate their rivals in false cases. Section 438 thus provides a preventive remedy that safeguards personal liberty without compromising the course of justice.
Divergence in Judicial Opinions
Several High Courts had diverging views on whether anticipatory bail could be granted to a person in custody for a different offence. The Rajasthan High Court, in Sunil Kallani v. State of Rajasthan, opined that a person in custody cannot have a reason to believe that they would be arrested in connection with another case, a key condition for invoking Section 438. This was supported by other courts like the Delhi and Allahabad High Courts.
On the contrary, the Bombay and Orissa High Courts held that a person already in custody for one offence could seek anticipatory bail for a different offence. Their rationale was that as long as the accused was not in custody for the offence in question, the anticipatory bail application remained maintainable.
Supreme Court’s Analysis
In the present case, the Supreme Court, after reviewing judicial precedents and statutory provisions, held that there is no statutory bar preventing an accused in custody for one offence from applying for anticipatory bail in another case. The court emphasized that anticipatory bail serves the purpose of protecting personal liberty, especially when the accused has a legitimate apprehension of arrest for a different offence.
However, the Court clarified that the anticipatory bail, if granted, would only become effective after the person is released from custody in the prior case. This prevents the situation where anticipatory bail might conflict with ongoing investigations or custodial requirements in the first case. The Court thus struck a balance, ensuring the protection of individual rights while maintaining the integrity of the judicial process.
Broader Implications
This judgment has far-reaching implications for the criminal justice system. It reaffirms that the statutory right of anticipatory bail cannot be curtailed merely due to an accused being in custody for another offence. The ruling also protects against the misuse of anticipatory bail by ensuring that it does not interfere with legitimate police investigations or custodial interrogations.
In conclusion, the Supreme Court’s decision offers clarity on the maintainability of anticipatory bail applications by those in custody. It reinforces the principle that individual liberty should not be unduly curtailed, even in complex situations involving multiple criminal cases, ensuring justice remains fair and balanced.
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