Supreme Court Affirms Right to Seek Anticipatory Bail While in Custody
The Supreme Court has ruled that an individual already in custody for one offence is entitled to apply for anticipatory bail in a different case. The decision emphasizes the importance of personal liberty and clarifies that custody in one case does not affect the right to seek bail for another offence.
- Country:
- India
The Supreme Court has affirmed that an accused, already in custody for one offence, retains the right to seek anticipatory bail in a different matter as long as they have not been arrested for the new offence.
A bench led by Chief Justice D Y Chandrachud clarified there are no statutory restrictions preventing courts from considering anticipatory bail applications under these circumstances.
The bench highlighted the significance of personal liberty in a free and democratic society, stressing that denying anticipatory bail in such cases would conflict with legislative intent.
(With inputs from agencies.)
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