Another possible scenario is where a person who is arrested in one case is subsequently released from prison, only for his arrest to be required again in connection with a separate criminal case.
The Bench proceeded to conclude that there is no legal bar to prevent such an accused person from filing for anticipatory bail even before his release from prison.
The Court held that all rights conferred on the accused, as well as the investigating agencies, are independently protected in each separate case.
“As it is not possible to arrest a person already in custody, it follows that when, on being released from custody in the former case, he is sought to be arrested in the new case, there is no reason why he shall be restrained from moving the Court beforehand to arm himself with necessary protection in the form of anticipatory bail to protect himself from such a situation,” the Court said.
Source: Barandbench
