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A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra was dealing with a legal question as to whether a jailed accused is entitled to apply for the pre-arrest bail in another criminal case.
“An accused is entitled to seek anticipatory bail so long as he is not arrested in relation to that offence and if he is arrested in that case also then only remedy is to apply for regular bail,” Justice Pardiwala said while pronouncing the verdict for the bench.
The judgement came on a plea filed by one Dhanraj Aswani in 2023 raising the question.
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“Custody in one case does not have the effect of taking away the apprehension of arrest in another case,” it held.