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SangsLegal News The High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail: Supreme Court |
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The Supreme Court, in a significant judgement, has held that the High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail, even if an First Information Report (FIR) has been filed in a different state. However the Court emphasized that such authority should be conferred solely in exceptional and compelling situations.
The grant of transit anticipatory bail is subject to certain conditions outlined by the Court, including
- notifying the Investigating Officer (IO) and the Public Prosecutor on the first date of seeking such protection.
- the order of approval must provide reasoning as to why the applicant fears arrest across state borders and consider the potential impact of interim anticipatory bail on the ongoing investigation.
-The jurisdiction within which the offense is being considered does not prevent the offense from falling within the purview of anticipatory bail, as per the state amendment to Section 438 of the Criminal Procedure Code (CrPC).
-The applicant is required to convince the Court about their inability to approach the proper jurisdictional Court.
-The applicant's arguments could involve valid concerns related to potential dangers to life, personal freedom, and physical harm, within the jurisdiction where the First Information Report (FIR) is filed.
These concerns could also include the fear of violations of the right to life or liberty due to arbitrary actions, as well as health issues or disabilities faced by individuals seeking limited anticipatory bail outside their territorial boundaries.
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