Courts can give limited pre-arrest bail in FIRs from outside state

Courts can give limited pre-arrest bail in FIRs from outside state

Subject: Polity

Section: Judiciary

Context: Courts can give limited pre-arrest bail in FIRs from outside the state, said the Supreme Court.

More about the news:

• The Supreme Court of India ruled that a Sessions Court or High Court in a state can grant “limited” anticipatory bail to an accused even if the First Information Report (FIR) is registered outside their jurisdiction.
• The court emphasized the constitutional imperative of protecting citizens’ rights and acknowledged that an absolute bar on jurisdiction could lead to unjust consequences.
• The grant of interim protection should be exercised only in “exceptional and compelling circumstances,” ensuring notice to the investigating officer and public prosecutor.
• The ruling aims to prevent abuse by requiring a territorial connection between the accused and the court approached for relief.

What is a Bail:

• Bail is the legal release of an accused individual from detention with the stipulation that they will appear in court at a later date.
• The concept of bail is addressed in Sections 436 to 439 of the Criminal Procedure Code (CrPC), and it can be granted by either a police officer or a judicial magistrate under the CrPC.

What are different categories of bail:

• Bailable offences
  • Section 2(a) of CrPC categorizes a bailable offence.
  • It means  that an offence that is classified as bailable in the First Schedule of the Code, or which is classified as bailable under any other law.
  • An accused can claim bail as a matter of right if he is accused of committing a bailable offence.
  • Under Section 436 of CrPC 1973, a person accused of a bailable offence at any time while under arrest without a warrant and at any stage of the proceedings has the right to be released on bail.
• Non-bailable offences
  • A non-bailable offence is defined as any offence which is not a bailable offence.
  • A person accused of a non-bailable offence cannot claim bail as a right
  • A person accused of non-bailable offences can be granted bail provided the accused does not qualify the following conditions:
    • There are reasonable grounds to believe that he has committed an offence punishable with death penalty or life imprisonment.
    • That the accused has committed a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment of seven years or more or if the accused been convicted on two or more instances of a cognizable and non-bailable offence.

What is Anticipatory Bail:

• Anticipatory bail is the provision for granting bail to an individual who anticipates and fears arrest.
• As per Section 438 of the Criminal Procedure Code (CrPC), anyone expecting to be charged with a non-bailable offence can seek anticipatory bail.
• The application should be submitted to the High Court or Sessions Court having jurisdiction over the alleged crime location.
• Anticipatory bail is secured before an arrest occurs, preventing the police from apprehending the individual if the court approves the anticipatory bail.
• This measure serves as a protective mechanism for individuals facing false accusations, often arising from personal or professional conflicts, ensuring their release even before any arrest takes place.

What is Transit Anticipatory Bail:

• Transit anticipatory bail is pursued when an individual anticipates or is aware of a case being filed against them in a state different from the one in which they are likely to face arrest.
• The objective of transit bail is to grant the individual temporary bail, enabling them to approach the relevant court in the state where the case has been filed to seek anticipatory bail.
• Without transit anticipatory bail, there is a risk of another state’s law enforcement arresting the person from their home state, denying them the opportunity to apply for anticipatory bail.
• The procedure for obtaining transitanticipatory bail mirrors that of any other anticipatory bail application.
• Although not explicitly outlined in Indian law, the concept of transit anticipatory bail has evolved through judicial practice and legal precedents.