Anticipatory transit Bail

Anticipatory transit Bail

Subject: Polity

Context: The transit anticipatory bail has been granted to Mulukcharged for toolkit case for 10 days to allow him to approach the competent court in the national capital for a pre-arrest bail.

Concept:

• According to Article 22 of the Constitution of India, every person who is “arrested and detained in custody” has to be produced before the nearest magistrate within a period of 24 hours of the arrest (the period excludes the time necessary for the journey from the place of arrest to the court).
• For custody beyond 24 hours the order of magistrate is necessary.
• Section 56 of the CrPC states that the person arrested has to be taken before the magistrate without unnecessary delay.

About anticipatory transit bail

• If a person is apprehending arrest by the police of a state other than where they are at present, they approach the nearest competent court for a transit anticipatory or pre-arrest bail.
• It seeks temporary protection from arrest and simultaneously get time to approach the appropriate court of that place.
• Though the courts do not have jurisdiction over place where the case is registered, yet with the question of personal liberty being involved, the High Courts across India generally allow such prayer depending upon the merits of the case.

About 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 to comply with the law to produce them before 24 hours.