Concept of Transit Bail

Transit bail or transit anticipatory bail is a type of anticipatory bail granted by a court for a limited period in which short-time protection from arrest is provided to a person/ accused named in the FIR registered outside the jurisdiction of the permanent living place of the accused and has a reasonable apprehension of the arrest. This protection is provided to the person/ accused to enable him to approach the concerned court having proper jurisdiction to grant anticipatory bail. The purpose of transit bail is to protect the person from arrest while he is traveling to approach the jurisdictional Court for anticipatory bail having proper territorial jurisdiction over the Police Station where the alleged offence has been registered. For example, a person is permanently residing in Delhi and an FIR has been registered against him in Bhopal M.P. He received a notice from the Investigation officer from the Bhopal Police to appear before the Investigation officer to join the investigation at Bhopal. On receipt of the said notice, he apprehends his arrest at the time of joining the investigation or on the way while traveling to Bhopal to seek anticipatory bail from the Session court at Bhopal M.P. In such circumstances, what is a legal remedy available to the person /accused to avoid accidental arrest? 

The answer is, he has to approach the Session Court or High Court of Delhi praying for transit Anticipatory bail. Session Court and High Court both have competent concurrent jurisdiction to grant transit bail for a limited period. The transit bail application is maintainable U/s 438 Cr. P.C and generally courts grant transit bail for a period of 1, 2, 3, or 4 weeks depending upon certain factors like distance, journey time to approach the court where FIR is registered, health condition of the person, etc.

In the case of “M.Ravi Prasad Vs. The State of NCT of Delhi & Ors. 2006 (2) JCC 722”, and in another similar case titled “ Vijay Prasad Vs. The State NCT of Delhi & Anr.2006 (2) 722, the Hon’ble High Court of Delhi has granted transit bail to the petitioner who was implicated in the matrimonial case registered under section 498A IPC. Not only in the matrimonial cases but in other offences also the Delhi High court has granted transit bail to the petitioner. In the case of “Girish Chander Sharma Vs. State Thr. ( Govt. NCT of Delhi) & Ors. Bail Application No.2325/ 2019” dated 20.09.2019, the Delhi High Court has granted transit Anticipatory bail for a period of 4 weeks to the petitioner who was involved in the offences registered under section 420/465/468/471/120-B IPC. While granted transit bail the court has observed that “It is seen that the FIR has been registered with police Division No.1, Jalandhar. In this context, the petitioner seeks transit bail for a period of 4 weeks to join the investigation at Jalandhar. In view of the above, the petition is allowed and the petitioner is granted a short-term anticipatory bail. It is directed that the petitioner shall not be arrested for a period of 4 weeks from today, in order to enable the petitioner to join the investigation at Jalandhar. It is clarified that this order would not preclude the petitioner from seeking appropriate remedies from a court of competent jurisdiction”. 

Very recently in the case of “Dr. Sumit Gupta Vs. The State (NCT of Delhi) & Ors Bail Application No.416 of 2021” dated 08.02.2021, the Hon’ble High Court of Delhi has granted transit anticipatory bail to the petitioner for a period of 4 weeks to enable the petitioner to join the investigation at Bhopal M.P. While granting transit bail the court has observed that “Considering the nature of offence and that the petitioner being a qualified doctor has to approach the Bhopal Court for seeking appropriate remedy and to join the investigation with the Investigating Officer at Bhopal on 10.02.2021. The petitioner herein is granted transit anticipatory bail for a period of four weeks from today in order to enable him to seek an appropriate remedy before the competent Court at Bhopal on his executing a personal bond of Rs.10,000/- with one surety of like amount to the satisfaction of Investigating Officer/SHO/Duty MM concerned. In view of the above, the petition stands disposed of.”

*By Mahesh Tiwari Adv.