Transit bail maintainability limited where territorial court relief is available and modern communication removes practical necessity.
Transit bail was described as a judge-made, time-limited protection intended to let an accused approach the court with territorial jurisdiction for anticipatory bail or bail. The article states that it has no statutory sanction under the Code of Criminal Procedure and was historically justified by practical difficulties in communication, travel, and access to counsel. Given modern electronic communication, document transmission, online payments, and video conferencing, the Court treated that practical necessity as absent in the circumstances considered. The applicant was directed to seek relief before the competent court in the State where the FIR was registered, and the transit bail application was rejected as not maintainable.
Issues: Whether an application for transit bail was maintainable before the Court in the facts of the case.
Analysis: Transit bail was described as a judge-made, limited-duration protection developed to enable an accused to approach the court having territorial jurisdiction to consider anticipatory bail or bail. The order reasoned that such relief had no statutory sanction under the Code of Criminal Procedure, 1973 and had historically served a practical purpose when communication, travel, and access to counsel were difficult. In the present context, the Court held that modern communication, electronic transmission of documents, internet-based payments, and video conferencing removed the practical necessity for such a remedy. The applicant could seek relief before the competent court in the State where the FIR was registered without needing interim protection from the High Court where he was residing.
Conclusion: The application for transit bail was not maintainable before the Court and was rejected.
Final Conclusion: Transit bail was held to have no present utility as an interim procedural device in the circumstances considered, and the applicant was required to pursue remedy before the court having territorial jurisdiction.
Ratio Decidendi: A transit bail application is not maintainable where the applicant can effectively seek anticipatory bail or bail from the court vested with territorial jurisdiction, since the remedy has no statutory sanction and is justified only by practical necessity.
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