What is transit anticipatory bail in India?Asked by: Dr. Constantin Johnston | Last update: February 19, 2022
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A transit anticipatory bail is granted to someone when they are apprehended to be arrested in a different jurisdiction to the jurisdiction the suit has been filed against them.
What is transit remand in India?
In case an accused is arrested in a State other than the one in which the FIR or complaint is registered such that transportation of the accused has to be arranged and the detention may go beyond a 24-hour period, courts have started passing orders granting “transit remand” to allow the police to transport an accused ...
What is transit anticipatory bail Upsc?
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.
What is the duration of anticipatory bail?
While answering the second question the Hon'ble court held that, "the duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed but can continue till the end of the trial.
How many types of anticipatory bail are there?
Bail denotes provisional release of accused in Criminal Case in which court the trial is pending and the Court is yet to announce judgement. There are 3 types of bail Regular, Interim and Anticipatory. Q.
What is Transit Anticipatory Bail? Who are Nikita Jacob and Shantanu Muluk? #UPSC #IAS
What is transit bail?
Transit anticipatory bail is a remedy provided against a transit remand order. ... The person apprehending such an arrest has to reach the nearest high court and apply for the transit anticipatory bail application in order to travel to the other state where the suit is filed, without being arrested by the police.
Who can cancel anticipatory bail?
The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a ...
Is anticipatory bail is permanent?
The Hon'ble Court further expounded that “The life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial.”
What happens after anticipatory bail is rejected?
(c) If the Sessions Court rejects the application, it shall mandatorily extend the interim protection operating in favour of the accused for a minimum period of three (3) working days on the same conditions on which interim protection was granted during pendency of an ABA or on such further conditions as the Sessions ...
What happens after anticipatory bail is granted?
A anticipatory bail is granted in anticipation of arrest. After the court grants it, you are free to go and you have to honour the terms of the bail application. No you don't have to go to the police station. You have yo be present at the trial and cooperate with the investigation.
Can anticipatory bail be Cancelled?
Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court. The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.
Can anticipatory bail be granted in bailable offence?
Anticipatory Bail: an individual who discerns that he could also be arrested by the police for a non-bailable offense, can apply for anticipatory bail. ... A bail under Section 438 may be bail before arrest and an individual can't be arrested by the police if the anticipatory bail has been granted by the court.
What is the cost of anticipatory bail in India?
An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
Who can give transit remand?
Since the arrested person is required under the law to be presented before a magistrate within 24 hours of arrest, they are produced by the police of the other state – which has registered the case – before the nearest magistrate of the place from where the person has been arrested to get a transit remand.
Is transit remand compulsory?
12. Another mandatory procedural requirement for the Magistrate considering a transit remand application is spelt out in Article 22 (1) of Constitution of India. This entitles the person arrested to be informed as soon as may be the grounds of such arrest.
What is remand 167 difference between judicial custody and police custody?
P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest. Difference between Judicial Custody and Remand: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate.
Can anticipatory bail be filed twice?
First, successive anticipatory bail can be filed only if there is a rejection in the first application, second if there is a change in circumstances and facts in the same case respective to the first application like filing a charge sheet, favourable evidence by investigation department or recorded evidence against the ...
How do you break anticipatory bail?
Yes you can file an objection by virtue of an affidavit filed before the hon'ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can grant bail to the accused.
Can anticipatory bail be filed in Supreme Court?
Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court.
Is anticipatory bail amount refundable in India?
Is bail amount refundable India? No. ... Bail amount can not be refunded. The bail amount is deposited for securing release pending trial, hence once you deposit such amount you get out of prison.
Can anticipatory bail be filed after chargesheet?
Supreme Court Observation
The Court observed: "Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing of the charge sheet, the same does not preclude the petitioners to apply for anticipatory bail under Section 438 Cr. P.C. after filing of the charge sheet."
Is it easy to get anticipatory bail?
Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail is a direction to release a person on bail, even before the person is arrested. Anticipatory bail is applied for under Section 438 of the Criminal Procedure Code.
What do you mean by anticipatory bail?
Anticipatory bail means an application seeking permission from the court to be released if arrested by the police, but only for the particular reason against which permission of anticipatory bail is asked by the accused.
Can anticipatory bail be applied anywhere?
In case, any offence alleged to have been committed in those State, and an anticipatory bail application are entertained in any State other than where the offence was allegedly committed, then.
What is the jurisdiction of anticipatory bail?
The court ruled that it “would have jurisdiction if a person is likely to be arrested at a place within the jurisdiction of this court”. It referred to similar decisions given by the Karnataka High Court, the Calcutta High Court and the Delhi High Court.