https://www.taxtmi.com/caselaws?id=761802 Section 438 of the Code of Criminal Procedure remains available even if the applicant is already in custody in another case, because the provision contains no express or implied bar beyond the limitation in Section 438(4). The Court explained that anticipatory bail protects personal liberty against unjustified arrest, and custody in one matter does not eliminate a real and objective apprehension of arrest in a different matter. It also noted that investigation may continue and remand may be sought before anticipatory bail is granted, but that right is curtailed once protection is granted in the subsequent case. en-us Mon, 09 Sep 2024 00:00:00 +0530 Mon, 18 Nov 2024 08:55:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761802 Section 438 of the Code of Criminal Procedure remains available even if the applicant is already in custody in another case, because the provision contains no express or implied bar beyond the limitation in Section 438(4). The Court explained that anticipatory bail protects personal liberty against unjustified arrest, and custody in one matter does not eliminate a real and objective apprehension of arrest in a different matter. It also noted that investigation may continue and remand may be sought before anticipatory bail is granted, but that right is curtailed once protection is granted in the subsequent case. Case-Laws Indian Laws Mon, 09 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761802