In Brief
The Supreme Court held that an accused already in judicial custody for one offence can apply for anticipatory bail in relation to a separate, different offence. There is no statutory bar under the Criminal Procedure Code preventing this. The Court rejected arguments that a person in custody cannot have a "reason to believe" he will be arrested again, noting that arrest can occur either after release or through formal arrest with a Prisoner Transit Warrant while in custody. Each offence is treated as a separate case with independent legal rights. The Court clarified that once arrested in relation to a particular offence, the accused must seek regular bail, not anticipatory bail, for that offence. The investigating agency can still seek remand or interrogation, but cannot prevent the accused from applying for anticipatory bail beforehand.
The lawyer headnote and full judgment text are available to registered users.