What is Anticipatory Bail?

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The Supreme Court recently held that the Sessions Court or High Court that would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State.

What is a Bail?

  • Bail is a judicial release of an accused person from custody on the condition that the accused person will appear in court at a later date.
  • Sections 436 to 439 of the Criminal Procedure Code deal with the concept of Bail.
  • Under the CrPC, bail can be granted to an accused person either by a police officer or by a judicial magistrate. 

 What is an Anticipatory Bail?

  • It is the bail granted to a person in anticipation and apprehending arrest.
  • Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable offense can apply for anticipatory bail.
  • The application shall be made to the High Court or Sessions Court, where the crime is alleged to be committed.
  • Anticipatory Bail is bail before the arrest, and the police can't arrest an individual if the Court has granted anticipatory Bail.
  • It is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

About Transit Anticipatory Bail

  • A transit anticipatory bail is sought when a case against a person has been or is likely to be filed in a state different from the one in which the person is likely to be arrested.
  • The purpose of transit bail is to allow the person bail, so they can approach the appropriate court in the state in which the case has been filed for anticipatory bail.
  • In the absence of transit anticipatory bail, the result would be that another state’s police could arrest a person from their home state without them having the opportunity to apply for anticipatory bail at all.
  • The procedure to be followed in transit anticipatory bail is exactly the same as of any other anticipatory bail application. 
  • The concept of transit anticipatory bail is not codified in Indian law but has found its identity through judicial practice and legal precedents.

Q1) What is a default bail?

Also known as statutory bail, this is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody. This is enshrined in Section 167(2) of the Code of Criminal Procedure (CrPC) where it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody.

Source: High Courts, Session Courts Can Grant Interim/Transit Anticipatory Bail Even When FIR Is Registered In Another State: Supreme Court