The Supreme Court, in a significant judgment, has empowered High Courts and Sessions Courts to grant interim or transit anticipatory bail even when a FIR is registered in another state. This decision has expanded the scope of anticipatory bail, a preventive measure to safeguard individuals from arbitrary arrests and detention.
Prior to this ruling, anticipatory bail was primarily granted when the FIR was registered within the jurisdiction of the court considering the bail application. However, the Supreme Court has recognized the growing complexity of interstate travel and the potential for individuals to be apprehended in states far from their homes.
The Court acknowledged that the existing legal framework, which limited anticipatory bail to cases within the court’s jurisdiction, could lead to undue hardship for individuals facing arrest in another state. To address this issue, the Court has extended the scope of anticipatory bail, allowing High Courts and Sessions Courts to grant interim or transit anticipatory bail even when the FIR is registered in another state.
This decision is expected to have a profound impact on the criminal justice system, providing individuals with greater protection against unwarranted arrests and detentions. It will also promote uniformity in the application of anticipatory bail across different jurisdictions.
The Supreme Court’s ruling has been hailed as a progressive step towards ensuring the rights of individuals and preventing arbitrary arrests. It is a testament to the Court’s commitment to upholding the principles of justice and fairness in the criminal justice system.