The Indian Supreme Court (SC) has recently made a pivotal judgement on the granting of transit anticipatory bail in the case of Priya Indoria vs State of Karnataka and Ors, 2023. This ruling allows Sessions Courts or High Courts to provide transit anticipatory bail for an accused even if the First Information Report (FIR) is registered beyond their jurisdiction.
Significance of the Ruling
This landmark judgement emphasizes the constitutional obligation to safeguard the citizens’ right to life and personal liberty, as outlined in Article 21 of the Constitution of India. It introduces the concept of transit anticipatory bail, a form of protection that prevents an accused’s arrest until they can appear before a court with territorial jurisdiction over the alleged offense.
Understanding Transit Anticipatory Bail
Although not explicitly defined in the Code Of Criminal Procedure (CrPC), 1973 or any other legislation, the term “transit anticipatory bail” was introduced by the SC in the case of State of Assam v. Brojen Gogol in 1998. This type of bail serves as equitable and interim relief, particularly for individuals residing outside the state where the alleged offense occurred, enabling them to seek anticipatory bail.
Supreme Court’s Stance on Transit Anticipatory Bail
According to the SC, the High Court/Sessions Courts ought to grant transit anticipatory bail as interim protection under Section 438 of CrPC, 1973, in cases where the FIR is registered outside their territorial jurisdiction. The SC believes that an absolute ban on jurisdiction can result in unjust outcomes, especially for genuine applicants facing wrongful or politically motivated prosecution. Furthermore, transit anticipatory bail should be granted only in exceptional and compelling circumstances to prevent irreparable harm to the applicant.
Conditions for Interim Protection
The SC has stipulated some mandatory conditions for granting interim protection:
1. Notifying the investigating officer and public prosecutor during the first hearing.
2. Providing explicit reasons as to why the applicant anticipates an inter-state arrest and how it might impact the ongoing investigation.
3. Demonstrating to the court the applicant’s inability to seek anticipatory bail from the court having jurisdiction over the FIR due to threats to life, liberty, or medical issues.
Understanding Bail and its Types
Bail refers to the temporary release of a person under legal custody, by promising to appear before the Court when required. It involves depositing a security or collateral before the Court. There are four types of bail in India:
1. Regular Bail: Granted by any Court within the country to release a person held under police custody. The application can be filed under Sections 437 and 439 of CrPC, 1973.
2. Interim Bail: Temporary bail granted by the Court until the application for Anticipatory or Regular Bail is pending.
3. Anticipatory Bail or Pre-arrest Bail: A provision allowing an accused to apply for bail before being arrested, under section 438 of the CrPc, 1973.
4. Statutory Bail: Granted when the police or investigating agency fails to file its report/complaint within a certain period, as per Section 167(2) of CrPC.
Legal Insights on Transit Anticipatory Bail
The ruling demonstrates the Supreme Court’s commitment to upholding the fundamental rights of citizens in the criminal justice process. It also highlights the judiciary’s role in providing constitutional protection, focusing particularly on safeguarding the right to life and personal liberty under Article 21 of the Constitution of India.
