Whether investigating officer can seek remand of accused if he is in custody in previous offence if he is granted anticipatory bail in subsequent offence?

 iii. While a person already in custody in connection with a particular offence apprehends arrest in a different offence, then, the subsequent offence is a separate offence for all practical purposes. This would necessarily imply that all rights conferred by the statute on the accused as well as the investigating agency in relation to the subsequent offence are independently protected.

iv. The investigating agency, if it deems necessary for the purpose of interrogation/investigation in an offence, can seek remand of the accused whilst he is in custody in connection with a previous

offence so long as no order granting anticipatory bail has been

passed in relation to the subsequent offence. However, if an order

granting anticipatory bail in relation to the subsequent offence is

obtained by the accused, it shall no longer be open to the

investigating agency to seek remand of the accused in relation to

the subsequent offence. Similarly, if an order of police remand is

passed before the accused is able to obtain anticipatory bail, it

would thereafter not be open to the accused to seek anticipatory

bail and the only option available to him would be to seek regular bail.

  REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2501 OF 2024

DHANRAJ ASWANI  Vs AMAR S. MULCHANDANI & ANR.

Author: J.B. PARDIWALA, J.

Citation: 2024 INSC 669.

Dated: 9 th September, 2024.

Read full Judgment here: Click here.

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