High Courts and Sessions Courts have the jurisdiction to grant interim or transit anticipatory bail, even if the FIR is filed in a state different from the court's territorial jurisdiction : Supreme Court
In the case of "Priya Indoria v. State of Karnataka," the Supreme Court ruled that the Sessions Court or High Court has the authority to grant interim/transit anticipatory bail, even if the FIR is filed in a different state. The Court highlighted the importance of not restricting the powers under Section 438 of the Code of Criminal Procedure based solely on territorial jurisdiction, as it could lead to a miscarriage of justice and hinder access to justice.
The Court outlined conditions for transit bail, including issuing notices to the Investigating Officer and Public Prosecutor, recording reasons for apprehension of inter-state arrest, and requiring the applicant to demonstrate the inability to seek bail from the court with territorial jurisdiction. Emphasizing that the power for extraterritorial anticipatory bail should be exercised only in exceptional circumstances, the Court underscored the potential irreparable prejudice if transit bail is denied.
The judgment, delivered by Justices B.V. Nagrathna and Ujjal Bhuyan, stemmed from a Special Leave Petition challenging a Sessions Judge's decision to grant extraterritorial bail. The Court cautioned against potential abuse of the legal process and stressed the need for a territorial nexus between the accused and the court's jurisdiction.
To illustrate, the Court presented a scenario where an accused, after committing an offense in one state, seeks anticipatory bail in another state. The Court clarified that there must be a legitimate territorial connection, such as residence or occupation, to prevent forum shopping and maintain the importance of territorial jurisdiction.
Addressing the broader context of personal liberty and access to justice, the Court referred to Article 21 of the Constitution and emphasized the need to balance the preservation of personal liberty with the investigational powers of the police. Ultimately, the Court set aside the Sessions Judge's order granting extraterritorial anticipatory bail to the accused husband without notice to the appellant who had filed the FIR.