Persons arrested in one case may apply for provisional release in another case: Supreme Court

The Supreme Court On Monday, a ruling declared that a person arrested in one case can apply for provisional release in another case, reported Live Law.

The right of a person accused of a crime to personal liberty through provisional release cannot be impaired without a valid procedure established by law, the court said.

“An accused has the right to apply for provisional release on bail in connection with an offence so long as he is not arrested in connection with that offence,” the court said. “Once arrested, the only remedy available to him is to apply for regular release on bail.”

A bench headed by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a petition on the legal question whether a person who is already in custody in a separate case can be granted interim bail.

The Court pointed out that the Code of Criminal Procedure does not prohibit district courts or higher regional courts from “deciding on an application for provisional release in connection with one criminal offence while the applicant is in custody in connection with another criminal offence”.

“The only limitation on the power of the court to grant interim release under Section 438 CrPC is prescribed under sub-section (4) of Section 438 CrPC and under other laws like Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act etc,” it said.

Section 438 of the now-replaced Penal Code contains the rules for granting bail to a person who fears arrest. The court added that if a person who is in custody for one offence is arrested for another offence, the subsequent offence will be considered a separate matter.

It states that investigating authorities may seek to question a person in relation to their first offence while they are already in custody, but if the person is granted provisional bail in relation to a further offence, “it should no longer be possible for the investigating authority to seek remand of the accused in custody in relation to the further offence”.

According to Section 438 of the Criminal Code, the only prerequisite for an accused person to apply for provisional release is the assumption that arrest is to be expected, the ruling said.

“Detention in one case does not eliminate the risk of arrest in another case,” it said.

Read also: Why are lower courts less inclined to grant bail than higher regional courts and the Supreme Court?