SUNIL KALLANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While hearing this anticipatory bail application, the question of law arose whether an anticipatory bail application would be maintainable by an accused who is already arrested and is in judicial custody in relation to another FIR registered against him for the offences mentioned therein.

(2.) Learned counsel for the petitioner and learned counsel for the complainant as well as learned Public Prosecutor had advanced their submissions.

(3.) It would therefore be apposite to first note down the relevant provisions of Code of Criminal Procedure ("Cr.P.C."). Ss. 41, 46, 81, 105 and Sec. 438 Cr.P.C. are as under: