What is Transit Anticipatory Bail? All you need to know
Why in News?
Shantanu Muluk, an activist has been granted 10 days anticipatory transit bail by Bombay High Court. Along with this, Nikita Jacob has received 3 weeks anticipatory transit bail too.
What is Bail?
Bail is a written permission from a court that allows a person charged with a criminal offence to be out of jail, while they can wait out for their trial.
What is a bailable and a non bailable offence?
The police officer cannot grant bail to the accused. Only the magistrate can authorize the bail in a non-bailable offence. Any offence is said to be non bailable when the punishment is more than 3 years. A person can still be granted bail in a non-bailable offence. In such cases it is up to the discretion of the court as to grant bail or withhold.
The police officer in charge has the power to grant bail to the person accused. An offence is regarded as bailable if the punishment for that offence is less than 3 years. It is the right of the accused to be released on bail in such an offence. This right is subject to certain conditions.
What is an ordinary bail?
It is granted just after arrest of the accused. Here the police custody is an inevitable concomitant for arrest for offences that are non bailable.
What is an anticipatory bail?
Anticipatory bail is granted in anticipation of the arrest and can be thus used at the time of arrest.
The need of anticipatory bail arises out of the following reasons:
- To avoid false cases for the purpose of disgracing or for other mala fide intentions by getting the framed/ victims detained.
- Where there is likelihood of the accused getting absconded or misusing the rights and liberties
As per section 438 in the Code of Criminal Procedure, 1973 states the Direction for the grant of the bail to any person apprehending arrest.
Section 438(1) syas, when any person has a reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Sessions Court for a direction under this section. The court may grant the bail if it deems fit.
Section 438(2) says Bail on Condition can be given if there is compulsory presence for interrogation, no obstruction to justice or leaving the country.
What is Anticipatory Transit Bail?
To the reader's surprise, there is no concept of such a category in the CrPC. The reason why these concepts do not have a specific or a single source of provision is mainly because the concept is a "judge made law". A transit bail is a bail granted by a Court not having jurisdiction over the place where offence was committed.
A "transit anticipatory bail" therefore is when a person is apprehending arrest by police of a State other than the State where he/she is presently situated.
Use of Anticipatory Transit Bail
- In absence of transit anticipatory bail, the police of some other state can arrest a person from their home town without granting them an opportunity to apply.
- The only option left with the person would be to apply for a regular bail and once arrested to be taken into the state where the case is registered.
- Largely, the purpose of transit anticipatory bail is to grant bail to a person till the time he/she reaches the appropriate Court so that in case the police want to effect the arrest, the person will be released on bail. However, such bail is given at the condition that the accused has to cooperate in the investigation.
Once the person is arrested they have to be produced before the magistrate within 24 hours. They are thus produced by the police of the other state (that has registered the case) where the person has been arrested to get the transit remand. It may not be possible to produce the person within 24 hours sometime too.