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Mohit mittal   18 May 2019

Can anticipatory bail be filed after transit bail is granted

In the present case my brother was kept in police custody for 2days and later he was released on transit bail for 60 days Now we have filed an anticipatory bail in court of dist and sessions judge,the judge says anticipatory bail is not maintainable as my brother is deemed to be in custody ,rather regular bail should have been filed. What are the legal remedies available ,next hearing is on 20/05/2019 So plzz suggest me recourse.


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 1 Replies

Palak batra   09 April 2022

Dear Querist,

 

After an accused person is granted a transit bail he has to apply for anticipatory bail before the regular court. Then it would be the courts discretion to accept the application of anticipatory bail or not. 

 

In the recent toolkit case, the Bombay high court granted transit anticipatory bail. Therefore, it could be said that transit bail is a temporary relief and the accused could apply for anticipatory bail in regular court. 

 

In the case of Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav and Anr. The Supreme Court stated that there is a need to give reason why the bail was granted and why not particularly where the accused is charged for some serious offence.

 

Also, No Regular Bail could be granted When Interim Anticipatory Bail Is Granted By Higher Courts And Matter Is Pending. Recently, Hon’ble Supreme Court, in Rukmani mahato vs. state of jharkhand (S.L.P Criminal no.2411 of 2016 dt.03-08-2017) has directed Trial Courts to not grant regular bail to an accused, if he/she has already obtained an interim anticipatory bail by a superior Court and the matter is still pending before the higher Court.

 

Regards,

Palak


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