Dhanraj Aswani vs Amar S. Mulchandani

The Supreme Court addressed the maintainability of anticipatory bail applications under Section 438 of the Code of Criminal Procedure, 1973, for an accused already in judicial custody for a different case. The Court upheld the High Court's decision that a person in custody for one offence can still seek anticipatory bail for another, establishing that custody in one case does not preclude the right to apply for anticipatory bail in a separate matter. The appeal was dismissed, affirming the High Court's ruling.