High Court Can Grant "Transit Anticipatory Bail" To Person Apprehending Arrest Even In Absence Of FIR: Gujarat HC

The Gujarat High Court has made it clear that a person apprehending arrest can seek "transit anticipatory bail" so as to obtain time to approach the competent Court having territorial jurisdiction in the matter, even in the absence of registration of FIR.

A transit bail is a bail granted by a Court not having jurisdiction over the place where offence was committed. A "transit anticipatory bail" therefore is when a person is apprehending arrest by police of a State other than the State where he/she is presently situated. As the word "transit" suggests, it is an act of being moved or carried from one place to another.

Explainer : What Is 'Transit Anticipatory Bail'? When Can 'Transit Bail' Be Granted?

A bench of Justice Nikhil S. Kariel observed,

"if for an offence of the like nature which had been committed within the State of Gujarat, this Court being competent to decide the application and being competent to grant anticipatory bail to the said applicants, in the considered opinion of this Court, it would also be competent for this Court to grant transit anticipatory bail in favour of the applicants even where there is no FIR filed against the applicants in a State other then the State of Gujarat and whereas the applicants have only projected reasonable apprehension of their arrest before this Court."

The bench heavily relied on Bombay High Court's judgment in NK Nayar & Ors. v. State of Maharashtra & Ors., 1985 CriLJ 1887.

The observation was made while dealing with an application filed by the wife and father-in-law of one Jimit Shanghavi, who had committed suicide at his residence in Maharashtra and had left behind a note mentioning about domestic disputes, resulting in depression. 

The Applicants stated that while there was no FIR against them, the suicide note probably implicated them and thus, there was a reasonable apprehension of arrest. They sought transit anticipatory bail for a reasonable period of time to approach the Court in Maharashtra.