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The Bombay High Court granted three-week transit anticipatory bail to advocate and activist Nikita Jacob, against whom a non-bailable warrant was issued in Delhi in the Greta Thunberg toolkit case
Transit Anticipatory bail
- Section 438 of the Code of Criminal Procedure (CrPC) talks about grant of bail to a person anticipating arrest.
- An application for such a bail can be made before a high court or a sessions court whenever anyone feels they may be arrested on accusation of having committed a non-bailable offence.
- So the difference between an ordinary bail order and an anticipatory bail order is that the former is granted after arrest and, therefore, leads to the release of the accused from custody, while an anticipatory bail is granted in anticipation of the arrest and is, therefore, effective at the very moment of arrest.
- A transit anticipatory bail is sought when a case against a person has been or is likely to be filed in a state different from the one in which he or she is likely to be arrested.
- So the purpose of a transit bail is to allow the person bail, so they can approach the appropriate court in the state in which the case has been filed for anticipatory bail.
Source: The Hindu
