The Current Case

Shantanu Muluk a resident of Beed district, Maharashtra, had approached the Bombay HC with an application for anticipatory transit bail, informing the court that a Delhi police team is already in Beed to arrest him.

The Bombay HC noticed that the FIR has been lodged in New Delhi and so any regular application for anticipatory bail under section 438 of CrPC will be considered by Delhi High Court.

However, HC asserted that Muluk can be granted transit bail to be able to approach the proper court in Delhi for anticipatory bail based on its previous 1985 verdict where it held, "Bombay HC would have jurisdiction if a person is likely to be arrested at a place within the jurisdiction of this court".

What is bail?

Bail is written permission from courts, allowing a person charged with a criminal offence to be out of jail while they wait for their trial, or some other result in their case.

Types of bail?

1) Ordinary bail is granted after arrest of the accused.

2) Anticipatory bail is granted in anticipation of arrest and is therefore effective at the very moment of arrest. (in sort You know that you're going to be arrested before you get arrested, you can apply for Anticipatory bail to the court.)

Detail on Anticipatory bail : 

section 438 in the code of criminal Procedure,1973 : Direction for grant of bail to person apprehending arrest.

438(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of session for a direction under this section: and that court may, if it think fit, direct that in the event of such arrest, he shall be released on bail.

438(2) Bail on condition: Compulsory presence for interrogation, no obstruction to justice, no leaving country etc.

What is the use of Anticipatory Transit Bail?

In the absence of transit anticipatory bail, the result would be that another state's police could arrest a person from their home state without them having the opportunity to apply for anticipatory bail at all.

The only option left would be to apply for regular bail once they are arrested and taken to the state in which the case is registered.

- Whatnotofficial