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Sec 438 CrPC: Anticipatory Bail Plea is Not Maintainable If Accused is Already in Custody in Another Case, Rules Allahabad HC
The Allahabad high court docket has currently discovered that the anticipatory bail software of an accused isn't maintainable if he is in prison in connection with any other crook case for comparable or exceptional offences.
The bench of Justice Samit Gopal concluded accordingly while relying upon the Rajasthan high courtroom's ruling within the case of Sunil Kalani vs. the nation of Rajasthan via Public Prosecutor 2021 SCC on line Raj 1654.
"This court docket given the regulation laid down in the case of Sunil Kalani (supra) upholds the preliminary objection taken by using the found out counsels for the theC.B.I. and holds that because the applicant is in custody in connection with every other case, the present anticipatory bail utility underneath section 438 Cr.p.c. might no longer lie and could now not be maintainable. The identical is for that reason disregarded," the courtroom determined.
The court changed into essentially handling the plea of one Rajesh Kumar Sharma in search of anticipatory bail about a 2022 cheating and forgery case wherein he has been booked under the Prevention of Corruption Act.
at the outset, the CBI raised a preliminary objection that because the accused had already been arrested in September 2022 in some other case and consequently, given the Rajasthan HC's judgment in the case of Sunil Kalani (supra), the anticipatory plea isn't always maintainable.
alternatively, the counsel for the applicant argued that even though the applicant is in jail in every other case in Chandigarh, the identical would no longer be a bar for the court docket to provide anticipatory bail to him as he apprehends that he would be taken into custody in the gift case additionally.
Given the arguments of the counsels, the courtroom went beforehand to decide the initial objection raised by suggesting for the C.B.I.
The courtroom took under consideration the Rajasthan HC's observations within the case of Sunil Kalani (supra), wherein it became held that the anticipatory bail software of someone, already in custody in connection to a criminal case, will no longer be maintainable concerning another crook case registered for the commission of similar or specific offences.
if so, the Rajasthan HC had also remarked that it'd be nothing however a travesty of justice to allow anticipatory bail to such an accused who is already in custody.
Analysing phase forty-six CrPC read with section 438 of CrPC, the court docket discovered,
"...the crucial part of arrest is putting the corpus, frame of the man or woman in the custody of the police government whether of a police station or earlier than him or in a concerned jail. The herbal corollary is therefore that a person who's already in custody can't have reasons to trust that he will be arrested as he stands already arrested. In view thereof, the precondition of a bail application is to be moved under segment 438 Cr.p.c. i.e. "motives to believe that he can be arrested" do not survive since someone is already arrested in every other case and is in custody whether earlier than the police or in jail."
