Shubhankar Baweja (Law Associate) 21 August 2014

Transit bail

My question is.. i am a resident of Mumbai.. my wife gets registered an FIR against me, my mother and my father in Mohali (punjab). I get transit bail from mumbai court for 12 days and thereafter applies for anticipatory bail in mohali which was declined saying file a regular bail. then i filed a regular bail in mohali court by which my mother and father were granted the concession however mine was rejected. i went to highcourt chandigarh and applied for anticipatory bail, which was declined saying that i cant apply for anticipatory if regular bail has been rejected. supreme court upheld the decision of high court.

what remedy is available now ?

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Ashok, Advocate (Lawyer at Delhi) 23 August 2014

You have confused the facts. Regular bail means that you've been taken into formal custody either by court or by police. When you say that your regular bail has been declined, it means that you were formally taken into custody and also that (regular) bail was declined to you which means you continue to be in custody. In such a situation, there is no question of granting anticipatory bail, which is only prior to arrest or custody. Therefore, the High Court is right that you cannot apply for anticipatory bail if your regular bail application is already rejected.

If the above facts are correct, and if you are in custody (due to rejection of your regular bail application), then the only remedy is to apply for regular bail again after lapse of a reasonable time period, especially when there is a change of circumstances. There is no bar to filing repeated regular bail applications if you continue to be in custody, provided there is a change in circumstances.