Transit Anticipatory Bail: Meaning, Procedure & Landmark Judgements & Importance

Have you ever wondered what happens if you face arrest for a case filed in a different state from where you live? In such cases, an individual is worried about getting arrested without reaching the right court for regular bail.

This is where transit anticipatory bail comes as a solution to temporality, protecting the individual from immediate arrest until the individual reaches the right court to apply for regular bail.

However, the transit anticipatory bail is not well-known because it's not mentioned in the Indian law system, but courts recognize its importance for fair treatment.

So, raising awareness about this type of bail for fair treatment is essential. In this article, we will understand everything about Transit anticipatory bail, its importance, who can apply, and the procedure for applying for it.

So, without any further delay, let's dive in!

What Is Bail And What Are Its Types?

Bail is a legal way for an individual who has already been arrested to be released from jail while they wait for their court hearing. So whenever an individual is granted bail, they promise to appear in court whenever needed. Also, this release requires some form of security or collateral to ensure that the person will return to face the charges. For example - In the case of Supt. And Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973), the high court provides temporary bail for someone who has not yet been convicted.

Types of Bail in India

1. Regular Bail

Regular bail is given to someone who has already been arrested and is in police custody. It allows the person to stay free while their charges are ongoing. However, they must follow the court orders and attend hearings on time. An individual can apply for regular bail under Sections 437 and 439 of the CrPC, 1973.

2. Interim Bail

Interim bail is a temporary bail that is granted for a short period. It helps the person to stay out of jail while waiting for the court's decision on their regular bail or anticipatory bail application. Once the court makes a final decision, the interim bail ends.

3. Anticipatory Bail (Pre-arrest Bail)

Anticipatory bail is a type of bail that protects from immediate arrest before the person is arrested. If someone thinks they might be arrested for a crime, they can apply for this bail under Section 438 of the CrPC. It ensures that the person won't be taken into custody as long as they cooperate with the investigation. Only the Sessions Court or High Court can grant this bail, and only under special conditions like submitting a passport or regular police check-ins can it be applied.

People Also Read : How To Get Anticipatory Bail?

4. Statutory Bail (Default Bail)

Statutory bail is also known as default bail. It's granted if the police fail to file a charge sheet within a specified time (usually 60 or 90 days). This type of bail is covered under Section 167(2) of the CrPC and ensures that people are not kept in custody unfairly if the investigation takes too long.

What Is Transit Anticipatory Bail?

When it comes to transit anticipatory bail, it's important to understand its meaning. The 'transit' means moving from one place to another. Transit anticipatory bail is when a court allows someone to get temporary bail if that person isn't available in the place where the crime happened. So that people can reach the right court before they get arrested by police from another state.

It's like temporary bail, granted by the Session Court or High Court to protect from any arrest until the person reaches the right court, where someone has registered an FIR on that person. So, at least, the accused can freely travel to the right court without fear of being arrested along the way and have time to apply for regular anticipatory bail.

For example, if X lives in Delhi but is worried about being arrested for a case in Andhra Pradesh, then he needs to travel to Andrea Pradesh to apply for bail. But he's worried about getting arrested before reaching the court. At this point, he can apply for a transit anticipatory bail from a Dlehi court for a temporary bail for that case until he reaches Andhra Pradesh without getting arrested and applies for regular bail there.

Well, the 'Transit anticipatory bail' is not officially mentioned in the CrPC, legal system, or any other law in India. However, the court follows the formal law for fair treatment. Because the Indian Constitution (Article 22) and Sections 41-A to 41-D of the CrPC protect people’s fundamental rights during arrests.

When Can A Person Apply For Transit Anticipatory Bail?

If someone fears being arrested by police from another state (outside of the place of residence). In that case, they can apply for transit anticipatory bail from the nearest court so that an individual get temporary bail and is protected from arrest until they reach the right court to apply for regular bail.

What If The Applicant Absconded Or Misused The Liberties Of Transit Anticipatory Bail?

Even though there isn't a mentioned rule for transit anticipatory bail in the Criminal Procedure Code of 1973, the rules in Section 438 still apply. If someone fears being arrested, they can ask the High Court or the Court of Sessions for bail. However, some certain factors and conditions need to be considered. Let's understand!

Conditions for granting Transit anticipatory bail :

• The person asking for bail should not have a history of being convicted or serving time in Jail.

• The court looks at how serious the alleged crime is.

• The applicant shouldn't run away or give false information to the court.

• The accusations should not be made just to damage the applicant's reputation.

Conditions The Applicant Must Follow:

• The applicant must cooperate with the police and be available whenever required.

• The applicant must not try to influence witnesses or anyone involved in the case.

• The applicant can't leave India without the court's permission.

• The court can impose additional conditions based on the specifics of the case.

Also Read : What To Do If Bail Is Rejected In Sessions Court ?

Judicial Significance On Transit Anticipatory Bail

When it comes to granting transit anticipatory bail, then, it completely depends on how judges have interpreted the law. Because there's no specific written law for granting transit anticipatory bail. However, it depends on various factors and considerations. Here are some key cases that helped define how transit anticipatory bail law was implemented:

1. Priya Indoria vs State Of Karnataka And Others (2023)

In this case, the Supreme Court clarified that Session and high courts can grant Transit anticipatory bail, even if the FIR is filed outside their jurisdiction. This ruling emphasized that protecting personal liberty under Article 21 of the Indian Constitution, which guarantees the right to life and freedom, takes priority. The court also stressed that the purpose of transit bail is to offer temporary protection and allow individuals enough time to approach the correct court to apply for long-term bail for fair treatment.

2. Shri. Akash Gupta vs State Of Meghalaya (2021)

In this case, the Meghalaya High Court granted Transit anticipatory bail to Akash Guptam, who faced charges in Uttar Pradesh while living in Meghalaya. The court refers to a previous case that allowed individuals to apply for temporary bail in their nearest court until they reached the right court to apply for long-term bail. This illustrates the right of individuals to seek protection from arrest where they live.

3. Shantanu Shivlal Muluk vs State Of Maharashtra (2021)

In this case, the Bombay High Court granted Transit anticipatory bail to Shantanu Muluk for ten days. The court said that the applicant's fear of arrest was the main reason for seeking this type of bail. After granting temporary bail, the applicant could approach the appropriate court for a long-term bail solution without worrying about arrest.

4. Ku.Sabinaz vs State Of Maharashtra (2019)

In this case, the Madhya Pradesh High Court discussed the concept of transit anticipatory bail. As this bail was only granted for a short period, the court emphasized that while an individual applied for temporary bail to reach the right court to apply for long-term bail, this temporary mail should only last for a limited period. This case reinforces the idea of implementing temporary protection to allow travel access and apply for regular bail.

5. Honey Preet Insan v. State & Others (2017)

In this case, the Delhi High Court denied the application for Transit anticipatory bail because he was not a genuine resident of Delhi. The court stressed that applicants must show they have a real connection to the areas where they seek bail and proof that FIR is filed elsewhere. If the court is not satisfied with the residency, they can reject the application without looking at the case details.

Procedure And Implementation Of Transit Anticipatory Bail

When applying for a transit anticipatory bail, the person must show a genuine fear of arrest and explain why they can't immediately reach the correct court where the FIR is registered. The court will check the proof, evaluate the reason for temporary protection from arrest, and allow the applicant to travel safely to the right court for regular bail in the correct court. This ensures that the person can approach the right court without worrying about arrest.

Challenges And Considerations Of Transit Anticipatory Bail

Transit anticipatory bail is mainly used to protect individuals from getting arrested for a short duration. So that the accused can reach the right court for a proper hearing and apply for regular bail. However, there are some challenges that the legal system faces with this law, such as the risk of forum shopping, where individuals try to find courts in different locations that might grant them temporary selfies more easily. To avoid misuse, the court must carefully assess the applicant applying for temporary protection, and the decision must be made in good faith.

Conclusion

Transit anticipatory bail is one of the important laws that can help an individual protect from immediate arrest if someone registers an FIR in a different location so that an individual can safely reach the right court for regular bail without worrying about getting arrested. However, it's not mentioned clearly in Indian law, so many people are unaware of their right to fair treatment. We hope this guide helps you understand everything about Transit anticipatory bail and its importance. However, courts are also careful because it can be misused, such as when shopping on forums. It's only used to promote fair access to justice across jurisdictions.

FAQs

Q. What is transit anticipatory bail?

Transit anticipatory bail is offering short-term bail to protect individuals from arrest. It allows a person to travel safely to the right court where their case is registered without worrying about getting arrested. So that an individual can apply for regular bail at the appropriate court.

Q. What conditions must be met for granting transit anticipatory bail?

Courts require that the person applying for a Transit anticipatory bail must have a valid reason for fear of being arrested and a person cooperating with the police investigations. There are also some conditions that the court sets that need to be followed, such as staying in touch with authorities or not influencing witnesses.

Q. Who can grant transit anticipatory bail?

Only Sessions Courts and High Courts can grant transit anticipatory bail, even if the case was filed outside their jurisdiction. This temporary relief helps an individual to reach the correct court to apply for long-term bail.

Q. What are the challenges linked with transit anticipatory bail?

One of the major challenges of transit anticipatory bail is getting sued for crimes such as forum shopping, where people try to find courts that may grant transit anticipatory bail easily. This means that courts must be careful when granting transit anticipatory bail and review every application carefully to evaluate and make decisions in good faith.

Q. Is transit anticipatory bail available for all types of offences?

Transit anticipatory bail is generally granted for less serious offences. Courts are cautious when dealing with serious crimes and may deny bail if the charges involve severe penalties or public safety concerns arise. First, the case is judged based on the situation and then evaluated for granting temporary bail.

Q. What is the difference between transit bail and anticipatory bail?

Transit bail is short-term protection during travel between jurisdictions, while anticipatory bail provides pre- arrest protection for a person fearing arrest for a non-bailable offense.