Section 438 of the Cr PC – Maintainability of Anticipatory bail application of an accused who is already arrested and in custody in another crime

Section 438 of the Cr PC – Maintainability of application for Pre-arrest (Anticipatory) bail by an accused who is already arrested and in custody in another crime

Anticipatory bail application of the applicant apprehending arrest in the crime No.806 of 2019 registered with Pimpri Police Station for offences under Sections 420, 406, 409, 45, 467, 468, 471 read with section 34 of the Indian Penal Code.

The applicant is already in custody in another ECIR No.10 of 2021.

HELD that the fact the applicant is already in custody does not not preclude him from seeking pre-arrest bail in another case in which he apprehends arrest.

Order dated 31.10.203 in Anticipatory bail-application No.2801 of 2023 of Amar S. Mulchandani Vs. State of Maharashtra with connected matter.