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N. J. JAMADAR
Amar S. Mulchandani – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in connection with C.R.No.806 of 2019 registered with Pimpri Police Station for the offences punishable under Ss. 420, 406, 409, 465, 467, 468, 471 read with Sec. 34 of the IndianPenal Code.
3. The applicant is already in custody in ECIR No.10 of 2021.
4. In this backdrop, the first informant - intervener has raised an objection to the maintainability of the application for pre-arrest bail on the ground that a person who is already in custody is not entitled to seek a relief of pre-arrest bail in connection with the other crimes which have been registered against him.
5. As the issue of maintainability is sought to be raised on the strength of the decision of the Supreme Court in the case of Narinderjit Singh Sahni and Anr. V/s. Union of India and Ors., (2002) 2 SCC 210. and the judgments of the learned Single Judges of Rajasthan and Allahabad High Courts in the cases of Sunil Kallani V/s. State of Rajasthan, 2022 0 Cri.L.J. 1378. and Rajesh Kumar Sharma V/s. C.B.I., 2022 0 Supreme (ALL) 1331. respectively, which seem to follow the decision of the Supreme Court in the case of Narin
A person in custody for one offense is not precluded from seeking anticipatory bail for another offense under Sec. 438 of the Code of Criminal Procedure, as the statutory provisions do not impose suc....
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
Successive bail applications require substantial change in circumstances; prior denials must be respected to prevent judicial abuse.
A second application for anticipatory bail under Section 438, Cr. P. C. is not maintainable even if new circumstances develop after rejection or disposal of an earlier application.
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
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