Navigating Legal Crossroads in understanding Transit Anticipatory Bail in Multi – Jurisdictional Cases

The concept of transit anticipatory bail comes into play when a person anticipates arrest in a jurisdiction different from where the First Information Report (“FIR”) is registered. This situation often arises in cases of cross-border or interstate implications, prompting individuals to seek protection from arrest while in transit. The concept of transit anticipatory bail is relatively a new concept in the legal jurisprudence. A bail sought during the transit period i.e., from the place of arrest to the competent jurisdiction. The protection of a transit anticipatory bail from arrest is until the arrestee reaches the court of territorial jurisdiction. The transit period only grants the arrestee the time to apply for an anticipatory bail. It is a temporary/interim relief and the decision of anticipatory bail by the court is independent of grant of transit anticipatory bail.

In a noteworthy and pioneering judgement of Priya Indoria v. State of Karnataka and Ors, the Supreme Court has held that the High Court and the Sessions Court have power to grant interim/ transit anticipatory bail even when FIR has been registered in another state. The court also laid down guidelines to be followed to ensure interim protection to the arrestee which includes giving notice to the prosecutor and investigating officer in the first hearing, reasons for anticipating of such inter-state arrest to be recorded and satisfying the court regarding their inability to seek anticipatory bail from the court with territorial jurisdiction over the FIR. The courts have taken into consideration the factors in granting transit anticipatory bail like the time taken to reach the court where FIR is registered, health condition of the person, etc.

Legal landscape of Transit Anticipatory Bail :-

The courts in catena of cases including the landmark judgment of Priya Indoria v. State of Karnataka and Ors have granted transit anticipatory bail on the grounds of upholding personal liberty.  Right to life and personal liberty is the cornerstone of Indian constitution enshrined under Article 21. Along with this right, the concept of transit anticipatory bail also upholds Article 22 of the Constitution, which provides protection against arrest and detention. This provision has been considered a stepping stone for the judiciary in protecting the rights of the citizens. The courts have interpreted Section 438 of Criminal Procedure Code (“CrPC”) to include transit broader concept of protection, “transit anticipatory bail”.

The courts have built on the purpose of granting transit bail and held that the arrestee would not be precluded from seeking appropriate remedies from a court of competent jurisdiction. The courts have also not set a limitation on the time period for which such bail would be granted but is of the opinion that such time period would not be unlimited. In the case of SS Mhetre v. State of Maharashtra & Ors., the apex court held that granting of transit bail as a matter of right to personal liberty of the accused should not be limited by time; however, the appropriate court has the power to impose limitations based on the nature and on a case by case basis. 

Analysing jurisdictional issues:

The courts in different cases have been of the opinion that section 438 of the CrPC does not permit the High court or the Sessions Court to grant anticipatory or transit bail within the city where the accused may choose to apprehend arrest. Power to grant transit anticipatory bail confers only upon the Sessions Court or the High Court having jurisdiction over that place wherein the crime is committed or to decide the commission of the crime by the accused.

Key takeaways

In essence, transit anticipatory bail cases demand a delicate balance between the principles of justice, the rule of law, and the practical considerations of multi-jurisdictional legal scenarios. Navigating this landscape requires not only legal expertise but also a commitment to upholding the fundamental rights of individuals seeking protection within the confines of the law. As individuals trail through this complex legal web, the hope is for a system that remains adaptable, fair, and true to the principles of justice for all. Transit anticipatory bail serves as a crucial legal mechanism that not only protects individuals from unwarranted arrest but also fosters a more positive and fair environment for the pursuit of justice.