A general view of the Supreme Court. | Photo Credit: SHASHI SHEKHAR KASHYAP The Supreme Court on Monday (September 9, 2024) held that a person under arrest for an offence can seek anticipatory bail against arrest in another offence.“Each arrest a person faces compounds their humiliation and ignominy. We say so because each subsequent arrest underscores a continued or escalating involvement in legal troubles that can erode the dignity of the person and their public standing,” the apex court said. In a judgment by a Bench headed by Chief Justice of India D.Y. Chandrachud, the apex court said there was no express or implied restriction in the statute that prohibits the sessions court or high courts from deciding an anticipatory bail application in a case, while the applicant was in custody in connection with a different offence.“An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence. Once he is arrested, the only remedy available to him is to apply for regular bail either under Section 437 or Section 439 of the Code of Criminal Procedure (CrPC), as the case may be,” Justice J.B. Pardiwala, who authored the judgment, noted.The Bench, also comprising Justice Manoj Misra, held that the purpose behind incorporating Section 438 (anticipatory bail) in the CrPC was to recognise the importance of “personal liberty and freedom in a free and democratic country”.The judgment set aside divergent opinions expressed by different high courts on the issue. “Under section 438 of the CrPC, the only pre-condition is the apprehension of the accused that he is likely to be arrested,” it said. Published – September 09, 2024 10:37 pm IST