PRE ARREST TRANSIT BAIL

Transit Bail is a bail granted to a person who is arrested at a place which is outside the jurisdiction of Court where offence is committed and granted by the Court where the arrested person is produced or applied for bail though the offence is not committed within the jurisdiction of that Court. Section 79, 80 and section 81of Cr.P.C. provide protection in case of arrest of the accused on execution of warrant outside local jurisdiction of the Court which issued it. Section 80 provides that when a person is arrested outside the jurisdiction on execution of warrant, he has to be produced before the nearest Magistrate or District Superintendent of Police or Commissioner of Police. Then Section 81 provides as to how the person so arrested has to be sent in custody and also provides that in case offence is bailable and accused is ready to furnish surety, he can be released, irrespective of jurisdiction.

In view of Sections 79 to 81 and Section 167(2) Cr.P.C, transit bail can be granted even by the Court not having jurisdiction i.e. within whose jurisdiction occurrence has not taken place.

In view of Sections 167, 79, 80 and 81 Cr.P.C now the question as to whether transit bail in anticipation of arrest is permissible irrespective of jurisdiction linked with place of occurrence.

High Court after discussing the various case laws on the subject held that power to be exercised under Sections 438 and 482 Cr.P.C rest with the High Court or Court of Sessions within whose jurisdiction occurrence or part of occurrence has taken place. However, for grant of transitory pre-arrest bail regarding non-bailable offences in the deserving cases, power of the High Court or Court of Sessions within whose jurisdiction, person resides or place where he apprehends arrest, is permissible as such not barred. Therefore, accused can invoke jurisdiction of the High Court or Court of Sessions within whose jurisdiction he resides or place where he apprehends arrest however, grant of pre-arrest transit bail can't be a matter of routine. Host of circumstance, including heinousness of the crime have to be taken care of.

The court granted pre-arrest transitory bail to the accused to enable the accused to file bail application before jurisdictional court. (M B Marak vs State of Meghalaya, A.B No 22/2018 decided on 31-10-2018)