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TMI Blog2022 (7) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted by the Court granting such transit bail. The mere fact that an accused has been granted transit bail, does not means that the regular court, under whose jurisdiction the case would fall, would extend such transit bail and would convert such transit bail into anticipatory bail. Upon the grant of transit bail, the accused person, who has been granted such transit bail, has to apply for anticipatory bail before the regular court. In the judgment of the Bombay High Court in the case of TEESTA ATUL SETALVAD AND ORS. VERSUS THE STATE OF MAHARASHTRA AND ORS. [ 2014 (1) TMI 1931 - BOMBAY HIGH COURT] it was held that the High Court of one State can grant transit bail in respect of a case registered within the jurisdiction of another High Court in exercise of power under Section 438 of the Code of Criminal Procedure. It appears from the said judgment that there is no fetter on the part of the High Court in exercising the power under Section 438 of the Code in granting anticipatory bail for a limited period to enable the applicant to move the appropriate Court as the gravity of pretrial arrest and the loss of liberty of the individual cannot be compromised on the anvil of the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he M/S Pink City Infrastructure Pvt. Ltd., for providing the land of 380 bighas at Jaipur for the development of Township and the colonies. However, till date only 80 bighas of land has been provided and the money has not been returned to the applicant's company through the Pink City Infrastructure Pvt. Ltd. 5. Pink City Infrastructure Pvt. Ltd., has lodged a First Information Report against the opposite party no. 4 (Gyanchand Agrawal) and other persons at Agra which has been registered as First Information Report No. 0508 of 2021 on 11.12.2021 at Police Station - Hari Parvat, Agra, under Sections - 120-B, 406, 420, 467, 468, 471 IPC as they have cheated the applicant's company and not provided the land as agreed therefore, as a counter blast First Information Report No. 426 of 2022 has been lodged by the opposite party no. 3 against the applicants and several other persons only to create pressure upon them to appear the court at Jaipur. 6. Learned counsel for the applicants has submitted that the FIR has been lodged at the Police Station- Mansarovar, Jaipur City (South), Rajasthan and the applicants are the residents of District - Agra in the State of U.P. It is furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nks fit, direct that in case of such arrest, he will be released on anticipatory bail. 10. Nonetheless, transit anticipatory bill is different from ordinary bail. Ordinary bail is granted after arrest, releasing the accused from custody while anticipatory bail is granted in the anticipation of arrest i.e., it precedes detention of the accused and is effective immediately at the time of the arrest. In plain words, when an accused is arrested in accordance with the order of the court and whereas the accused needs to be tried in some other competent court having jurisdiction in the aforementioned matter, the accused is given bail for the transitory period i.e., the time period required for the accused to reach that competent court from the place he is arrested in. 11. It is to be noted that transit bail is protection from arrest for a certain definite period as granted by the Court granting such transit bail. The mere fact that an accused has been granted transit bail, does not means that the regular court, under whose jurisdiction the case would fall, would extend such transit bail and would convert such transit bail into anticipatory bail. Upon the grant of transit bail, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction, which is in the interest of the comity of the Courts. However, temporary relief to protect liberty and to avoid immediate arrest can be given by this Court. 9. Thus, in view of the ratio laid down in the case of N.K. Nayar (supra), I grant transit bail for four weeks so as to enable the applicant to approach appropriate Court in Gujarat, on the terms and conditions imposed in the interim order dated 10th January, 2014, passed by this Court. This order granting transit bail shall remain in force till 28.02.2014. The application is disposed of. 14. The aforesaid judgment of the Bombay High Court was carried to the Supreme Court in a Special Leave Petition No. 1770 of 2014. The Apex Court declined to interfere with the said order by making the following observations :- The matter relates to grant of Anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bombay High Court vide impugned order dated 31st January, 2014 allowed the petitioners to move before appropriate Court in Gujarat for said relief and granted Transit Bail for four weeks so as to enable the petitioner to approach before the appropriate Court at Gujarat. Having heard the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the above referred cases, there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High Courts where the offence is alleged to have been committed and the case is registered. There is no doubt that the right to liberty is enshrined in Part-I1I of the Constitution of India and such rights cannot be impinged except by following procedure established by law. This court finds that the commercial transaction ensued between the applicants and the complainant and there are criminal cases lodged by the parties against each other. It is a fit case where the applicants should get the privilege of transit pre-arrest bail in the light of the order passed in the case of Nikita Jacob (supra). 17. Hence, this court directs that in the event of arrest of applicants in connection with the F.I.R. No. 426 of 2022, Police Station- Mansarovar, Jaipur City (South) dated 9.05.2022, under Sections- 504, 506, 384, 467, 468, 120-B IPC, they shall be released on transit bail on executing personal Bond of Rs. 50,000/- with two sureties each of the like amount; (i) This protection is granted for a period of four w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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