The litigation, dating back to the wife's death in November 1995, is significant because it clarifies an important point of law: an accused can apply for anticipatory bail fearing arrest after a non-bailable warrant is issued by a magistrate. Justice S S Nijjar of the Bombay High Court said under the Criminal Procedure Code, a high court or the Sessions Court can entertain an application for anticipatory bail of an accused who has been summoned by a magistrate in a bailable/non-bailable warrant.

The constable was first arrested in November 1995 after his father-in-law alleged that the former had illicit relations with his sister-in-law. The accused was released on bail in January 1996. However, the victim's father later filed another complaint before the Additional Chief Metropolitan Magistrate's Court in Borivli. As a result, themagistrate issued a non-bailable warrant. The constable then applied for anticipatory bail, which was rejected by the Sessions Court. He therefore moved the Bombay High Court. The state government's counsel argued that since the magistrate had issued the warrant, the accused cannot avail of bail as per the CrPC The counsel argued that a sessions/high court does not have the jurisdiction to grant bail since the police have filed a chargesheet and a criminal court has already taken cognizance of the alleged offence. But the HC ruled that the accused can apply for anticipatory bail since he fears rearrest. Moreover, the second complaint against him was lodged two and a half years after the first one.

The accused is currently in government service which rules out the possibility of him either absconding or tampering with evidence. The court therefore released the constable on bail after furnishing a personal bond and surety to the satisfaction of the Borivli magistrate.