Landmark Judgment Law Insider (1)

Published on: 03 November 2022 at 09:11 IST

Court – High Court of Allahabad

Citation – Ajay Agarwal v/s State of UP (2022)

Hon’ble High Court of Allahabad has held that transit anticipatory bail is a bail for the transitory period i.e., the time period required for the accused to reach and avail remedy before the competent court.

It is held that transit bail provides protection from arrest for a certain definite period as granted by the Court granting such transit bail. It is pertinent to note that grant of transit bail, does not means that the regular court, under whose jurisdiction the case would falls, would convert such transit bail into anticipatory bail.

Para – 6

Nonetheless, transit anticipatory bill is different from ordinary bail. Ordinary bail is granted after arrest, releasing the accused from custody while anticipatory bail is granted in the anticipation of arrest i.e., it precedes detention of the accused and is effective immediately at the time of the arrest.

In plain words, when an accused is arrested in accordance with the order of the court and whereas the accused needs to be tried in some other competent court having jurisdiction in the aforementioned matter, the accused is given bail for the transitory period i.e., the time period required for the accused to reach that competent court from the place he is arrested in.

Para – 7

It is to be noted that transit bail is protection from arrest for a certain definite period as granted by the Court granting such transit bail. The mere fact that an accused has been granted transit bail, does not means 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 regular court.

Drafted By Abhijit Mishra

Key Words – Transit Anticipatory Bail, Transitory Bail, Competent Court.

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