Anticipatory Bail III

Posted on by Rudrajyoti Nath Ray

There can be no presumption, wealthy and mighty will submit themselves to trial and humble and poor will run away from course of justice.

In this case, we are concerned with what is loosely termed as ‘transit anticipatory bail’. If ‘anticipatory bail’ is not a defined expression, it is quite natural, ‘transit anticipatory bail’ would not find any exposition. It would be impossible to fully account for all exigent circumstances in which an ‘extra-territorial anticipatory bail’ may be imminently essential to safeguard fundamental rights. Such power should be exercised in exceptional and compelling circumstances.

– Hon’ble Justice B.V. Nagarathna, Priya Indoria v. State of Karnataka, [Special Leave Petition (Criminal) Nos. 11423-11426 of 2023].

_____

There are divergent opinions expressed by Rajasthan-Delhi-Allahabad High Courts and by Bombay-Orissa High Courts.

Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J. Kulkarni, (1992) 3 SCC 141 clarified, even when a person is in judicial custody, he can be shown as arrested in respect of any number of other crimes registered elsewhere. State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 held, submission to custody by word or action is sufficient so as to constitute an ‘arrest’ under Section 46, CrPC. In cases where accused has a ‘reason to believe’ he may be arrested in relation to an offence, different from one in which he is in custody, immediately upon his release, view taken by Rajasthan High Court, if allowed to stand, would deprive him of his statutory right of seeking anticipatory bail. An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to same.

– Hon’ble Justice J.B. Pardiwala, Dhanraj Aswani v. Amar S. Mulchandani, [Criminal Appeal No. 2501 of 2024] decided on 09.09.2024.

_____

Court has consistently underscored, in a long line of decisions, applications affecting personal liberty – particularly bail and anticipatory bail – ought not to be kept pending indefinitely. While docket explosion remains a chronic challenge, cases involving personal liberty deserve precedence. High Courts must ensure, liberty of citizens is not left in abeyance.

– Hon’ble Justice R. Mahadevan, Anna Waman Bhalerao v. State of Maharashtra, [Criminal Appeal No. 4004 of 2025] decided on 12.09.2025.

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.