The Supreme Court on Monday said that anticipatory bail can be granted by the High Courts and Sessions Courts to an accused, even if the first information report (FIR) was registered in another State.
The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said that while considering the liberty of citizens and subject to certain conditions the interest of justice, the courts should provide limited interim protection.
Accordingly, the Court laid down the following conditions for grant of transit anticipatory bail in such cases:
It said the Investigating Officer (IO) and the agency should be given notice on first date of such protection.
The Apex Court said the applicant must satisfy the Court that they were not able to approach the otherwise jurisdictional court. This includes apprehension of violation of life and liberty.
The Bench stressed the importance of the concerned court ascertaining the territorial proximity when granting anticipatory bail.
Further, it cautioned against forum shopping and clarified that accused cannot travel to any other State solely for filing bail pleas without clear reasons.
The issue before the Apex Court was whether the anticipatory bail could be granted by a court, which was not located within the State where the FIR was lodged.
The top court of the country had in March this year issued notice on a plea filed by a complainant, who had lodged a first information report (FIR) in Rajasthan, but the accused-husband was granted anticipatory bail by a Bengaluru district judge.
The complaint involved allegations of dowry demands.
Senior Advocate K Paul, appearing for the woman, pointed out that different High Courts have taken divergent views in the matter and the Apex Court needs to settle the position of law.
The woman’s plea was filed through Advocate Rishi Malhotra.
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