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Current Affairs

Transit bail

Date: 18 February 2021 Tags: Judiciary & Judgments

Issue

The Bombay High Court has granted transit anticipatory bail to Shantanu Shivlal Muluk in the Greta Thunberg toolkit case registered by the Delhi Police in connection with the ongoing protests against the three farm laws. 

 

Details

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

  • Section 56 of the CrPC states that the person arrested has to be taken before the magistrate without unnecessary delay.

  • According to Section 167 (2) of CrPC, when the Magistrate before whom the accused person has been produced does not have the jurisdiction to try the case or commit it for trial, the judicial officer is required to forward the accused to a Magistrate having such jurisdiction. 

 

Anticipatory transit bail

  • When 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.

  • The court does not have jurisdiction over the place where the case is registered or where crime has been alleged to have been committed but since the question of personal liberty is involved, the High Courts across India generally allow such prayer depending upon the merits of the case.

  • The relief is sought to seek temporary protection from arrest and simultaneously get time to approach the appropriate court of that place, wherefrom the police has come or where the case is registered.

 

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 before the nearest magistrate of the place from where the person has been arrested to get a transit remand. 

  • This is done to comply with the provisions of law regarding the production of the accused before a magistrate within 24 hours since it may not be otherwise possible due to travel from one state to another.

  • The application is filed by the police who have come to arrest the accused, before the nearest magistrate of that area where the accused is at present or residing.

  • The Magistrate should ask the person arrested and brought before him whether he has been informed of the grounds of arrest and whether he was required to consult and be defended by any legal practitioner of his choice.

  • The apex court in different judgments has also held and reiterated that a Magistrate should not pass a remand order of remand automatically or in a mechanical manner.