PRAKASH LAXMAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) BY this application under section 438 of the Code of Criminal Procedure (for short 'the Code') the applicant seeks pre-arrest bail in C.R.No.265 of 2006 registered with Bhosavi police station under for the alleged offence punishable u/s.143, 147, 148, 149, 302, 386, 396 of the IPC, section 4(2) of the Arms Act and section 37 r/w sec.135 of the Bombay Police Act.

(3.) IN the light of these submissions, the first question that is required to be considered is :Whether the provisions of section 438 of the Code are applicable where a person who is already arrested and is in custody in connection with a different offence or who is already convicted and is undergoing imprisonment apprehends arrest in connection with another offence applies for bail? Learned APP submitted that in such a case the person would not be entitled to apply for pre-arrest or anticipatory bail under section 438 of the Code while he is in custody or is undergoing a sentence.