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BlogTravel without fear of being Arrested – “The Transit Bail”
At times, especially NRIs get arrested at the airport, although they would be traveling to attend their matter at the court. Often observed in criminal matters and now-a-days in matrimonial dispute too when a look out notice is not complied or pressure is mounted by the wife’s side demanding an arrest of husband and his family once, they land in India. Transit Anticipatory bail comes to their rescue.
Transit bail refers to a type of bail that allows a person to travel through a particular jurisdiction without being arrested or detained by law enforcement authorities. Transit bail is typically granted when a person needs to travel through a particular jurisdiction for a specific purpose, such as attending a court hearing in another jurisdiction, without being arrested or detained.
Transit bail is granted by a court, and the conditions of the bail are typically set by the court. These conditions may include a requirement to provide a bond or surety, surrender of the person’s passport or travel documents, and restrictions on the person’s movements while in the jurisdiction.
It is important to note that transit bail is not a guarantee that a person will not be arrested or detained by law enforcement authorities. If the conditions of the bail are violated or if new evidence emerges that warrants arrest, the person may still be detained or arrested.
Transit bail is a legal concept that is recognized in some jurisdictions, but not all. It is important to consult with a legal expert in the relevant jurisdiction to determine if transit bail is available and appropriate in a particular case.
Here are some significant high court judgments in India related to transit bail:
Manoj Kumar v. State of Haryana (2001) – In this case, the Punjab and Haryana High Court held that transit bail can be granted only for a limited period of time and subject to certain conditions, such as depositing security or furnishing a personal bond. The court also held that the purpose of transit bail is to enable a person to travel through a particular jurisdiction, and not to evade arrest or detention.
Ashish Jain v. State of Rajasthan (2006) – The Rajasthan High Court held that transit bail can be granted even if the person is not a resident of the jurisdiction in question, as long as there is a legitimate reason for the person to travel through that jurisdiction. The court also held that the purpose of transit bail is to protect the liberty of the person and not to confer any substantive right.
Raghavendra Singh v. State of Karnataka (2012) – The Karnataka High Court held that transit bail can be granted even if the person is not physically present in the jurisdiction, as long as the application for transit bail is made before the court having jurisdiction in the matter. The court also held that the jurisdiction to grant transit bail is not restricted to the High Court and can be granted by the lower courts as well.
Sanjay Chandra v. CBI (2011) – The Delhi High Court held that transit bail can be granted to a person who is already in custody, provided there is a legitimate reason for the person to travel through the jurisdiction in question. The court also held that the grant of transit bail is not automatic and depends on the facts and circumstances of each case.
Here are some Significant High Court Judgments related to transit bail for NRIs in India:
Sudhakaran v. State of Kerala (2003) – In this case, the Kerala High Court held that an NRI who is a foreign citizen can also apply for transit bail in India. The court also held that the grant of transit bail is subject to certain conditions, such as depositing security or furnishing a personal bond.
Nithin Vasudevan v. State of Kerala (2016) – The Kerala High Court held that transit bail can be granted to an NRI who is a foreign citizen if they can establish that there is a legitimate reason for their travel through the jurisdiction in question. The court also held that the jurisdiction to grant transit bail is not restricted to the High Court and can be granted by the lower courts as well.
Shalu Oommen v. State of Kerala (2018) – The Kerala High Court held that an NRI who is facing criminal charges in India and is in custody in a foreign country can also apply for transit bail. The court held that the purpose of transit bail is to protect the liberty of the person and that it is a temporary relief, which should be granted subject to appropriate conditions.
Munish Goyal v. State of Punjab (2019) – The Punjab and Haryana High Court held that an NRI can apply for transit bail in India, even if they are not physically present in the jurisdiction in question. The court also held that the purpose of transit bail is to enable a person to travel through a particular jurisdiction and not to evade arrest or detention.
It is important to note that these judgments are not exhaustive, and there may be other high court judgments related to transit bail in India. Additionally, the law related to transit bail may differ from state to state, and it is important to consult with a legal expert in the relevant jurisdiction to understand the specific legal provisions and requirements related to transit bail.
Can Transit Bail Be Granted in Matrimonial Cases (498a) :
Transit bail can be granted in matrimonial cases in India, just like in any other case. In matrimonial cases, transit bail can be particularly useful if a person needs to travel through a jurisdiction where their spouse has filed a false or frivolous case against them. In such cases, transit bail can provide temporary relief to the person while they travel through that jurisdiction.
It is important to note that transit bail is not a permanent solution to legal problems in matrimonial cases. If a person is facing false or frivolous charges, they should consult with a legal expert and take appropriate legal action to defend their rights and interests.
Furthermore, it is worth noting that the provisions related to transit bail may vary from state to state in India. Therefore, it is advisable to consult with a legal expert in the relevant jurisdiction to understand the specific legal provisions and requirements related to transit bail in matrimonial cases.
To apply for transit bail in India, a person needs to file an application before the relevant court having jurisdiction in the matter. The application should contain details about the person’s travel plans, including the purpose of the travel, the places they will be visiting, and the duration of the travel.
The application for transit bail should be made under Section 438 of the Code of Criminal Procedure, 1973 (CrPC). Section 438 provides for the grant of anticipatory bail, which includes transit bail.
Here are some significant high court judgments related to transit bail in cases under Section 498A of the Indian Penal Code:
Saroj Kumar Poddar v. State of West Bengal (2004) – The Calcutta High Court held that transit bail can be granted to a person accused under Section 498A if they need to travel through a particular jurisdiction for a legitimate reason, such as attending a court hearing in another jurisdiction. The court also held that the grant of transit bail is subject to certain conditions, such as depositing security or furnishing a personal bond.
Brijesh Singh v. State of U.P. (2005) – The Allahabad High Court held that transit bail can be granted to a person accused under Section 498A if they can establish that they have a legitimate reason for travel through the jurisdiction in question. The court also held that the jurisdiction to grant transit bail is not restricted to the High Court and can be granted by the lower courts as well.
Dhruvraj Singh v. State of M.P. (2006) – The Madhya Pradesh High Court held that the grant of transit bail is a discretionary power of the court, and the court should consider the specific facts and circumstances of each case before granting transit bail. The court also held that the grant of transit bail should not be used to facilitate evasion of arrest or detention.
K.S. Mathew v. State of Kerala (2010) – The Kerala High Court held that transit bail can be granted to a person accused under Section 498A if they can establish that they have a legitimate reason for travel through the jurisdiction in question. The court also held that the purpose of transit bail is to ensure that a person’s liberty is not unduly curtailed while traveling through a particular jurisdiction.
How to Apply Transit Bail under Section 438, the following steps can be taken:
Draft an application for transit bail stating the grounds for seeking transit bail, the duration of travel, and the places to be visited.
File the application before the relevant court having jurisdiction in the matter, along with the necessary documents, such as a copy of the complaint or FIR and proof of travel.
The court will hear the application and may ask for additional information or evidence to be produced.
If the court is satisfied that the person has a legitimate reason for travel and that there is no intention to evade arrest, it may grant transit bail subject to certain conditions, such as depositing security or furnishing a personal bond.
It is important to note that the specific requirements and procedures for applying for transit bail may vary from state to state in India. Therefore, it is advisable to consult with a legal expert in the relevant jurisdiction to understand the specific legal provisions and requirements related to transit bail.
At times, innocent people get arrested and are implicated, they remain in jail for very long period of time without their fault, this violates the fundamental right of life and personal liberty enshrined in the Article 21 of the Constitution.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
