What is Transit Anticipatory Bail?
Transit anticipatory bail is a type of bail that is granted to a person who is apprehending arrest in a non-bailable offense in by the police personal of another state rather than the state he resides or is situated. Transit anticipatory bail is usually sought against a transit remand order wherein the Judicial Magistrate of one State permits the police of another State to arrest the person and the said person is accordingly put in police custody solely for the purpose of remand.
The transit anticipatory bail can only be granted for a limited time period for an individual who is likely to be arrested for an accusation of a non-bailable offense in a different jurisdiction from where the case is filed. In these circumstances, the high court granting transit anticipatory bail directs the accused to comply with the conditions set by the court for granting bail as the proceedings progress. The order given by the court shall be for a reasonable time period so as to the accused shall surrender before the court of the appropriate jurisdiction and deal with the matter further.
It is to be noted that a transit anticipatory bail is a temporary bail that allows the person to travel to the other state without being arrested. The duration of transit bail is usually limited to the time required for the person to travel to the other state and surrender before the appropriate court. It is important to note that transit bail is not a permanent solution and the person will have to surrender before the appropriate court in the state where the offense was committed.
The mere fact that an accused has obtained transit anticipatory bail does not mean that the regular court, under whose jurisdiction the case would fall, would extend such transit bail and would convert such transit bail into anticipatory bail. Upon the grant of transit bail, the accused person, who has been granted such transit bail, has to apply for anticipatory bail before the High Court or Session Court of jurisdiction.
The regular court would consider such anticipatory bail, on its own merits and shall decide such anticipatory bail application. Therefore, it could be easily said that transit bail is a temporary relief that an accused gets for a certain period of time so that he/she could apply for anticipatory bail before the regular court.
Important Cases:
Nandini N. Suchde vs The State Of West Bengal And Anr on 5 May, 2022: (1) Whether an application for transit anticipatory bail for a short duration, is maintainable in order … down the law, that an application seeking transit anticipatory bail is not maintainable ? (3) Whether the judgment of the Division
Mr. R. Varadharajan vs State Of Maharastra on 26 November, 2021: seeking transit pre arrest bail which cannot be granted as there is no term transit anticipatory bail in the Code … granted transit anticipatory bail to an accused where the Maharashtra High Court already rejected the anticipatory bail petition.
Shrikant S/O Gopilal Rathi And 3 … vs The State Of Mah. A)Thr Pso Ps … on 11 August, 2021: whereby an application for grant of ad interim transit anticipatory bail (at Exhibit-3), has been rejected. The application … grant of transit anticipatory bail is pending before the said Court, wherein notice is issued and the returnable date
N.K. Nayar, Director, Hastinapur Metals Ltd. Bombay and others Vs. State of Maharashtra and others