The Orissa High Court has affirmed that an individual detained in connection with a criminal case can still seek anticipatory bail for another case without any legal impediment.
Justice Shashikant Mishra clarified that if anticipatory bail is granted in such circumstances, it would only be applicable if the accused is arrested in connection with the subsequent case after being released from custody in the previous case.
The Court's judgment on April 10 emphasized that the Code of Criminal Procedure does not contain any provision that deprives the accused of the right to seek liberty or prevents the investigating agency from probing the case solely because the accused is already in custody for another case. It further stated that there is no statutory restriction for an accused who is in custody in connection with one case to seek anticipatory bail in another case registered against them.
The Court made this observation while addressing a series of petitions filed by individuals who were already incarcerated for their purported involvement in one criminal case. Subsequently, these individuals sought anticipatory bail in connection with separate criminal cases that were registered against them later on.
The Court highlighted that the Code of Criminal Procedure (CrPC) lacks a specific provision addressing the scenario where an individual who is already in custody in connection with one case is sought to be re-arrested or remanded in another case.
In such a scenario, the judge observed that the accused can only be remanded in connection with the subsequent case based on court orders.
"Can the order of the remand in such a situation be equated with an act of arrest? ... Since he is already arrested and in custody, he can only be taken on remand for the purpose of investigation, if required ... If such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail but he can seek regular bail," the Court explained.
Another potential scenario is when an individual who is arrested in one case is subsequently released from prison, only to find themselves required for arrest again in connection with a separate criminal case. The Bench proceeded to conclude that there is no legal barrier preventing such an accused person from applying for anticipatory bail even before their release from prison.
The Court held that all rights conferred on the accused, as well as the investigating agencies, are independently protected in each separate case.
The Court further added that investigating agencies have the option to approach the concerned court seeking the remand of accused persons already in jail if their custody is deemed necessary in connection with another case.
The Court observed that if such a request for remand is approved, then the only recourse left for the accused to secure release from prison is to file a regular bail plea.
The Court also emphasized that the legislative intent behind Section 438 (anticipatory bail) of the CrPC is to safeguard individuals from the disgrace of arrest and from being subjected to undue humiliation and loss of dignity.
The Court held that their anticipatory bail applications were maintainable and allowed the same.
Senior Advocate SC Mohapatra and advocates SK Mohapatra, L Achari, D Panda, A Mohanty, P Patnaik, J Sahoo appeared for the petitioners.
Additional Standing Counsel SK Mishra represented the State, while advocates SN Mishra, and K Panda appeared for other respondents.
Case Title: Sanjay Kumar Sarangi & Ors v State & Anr
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