The Delhi High Court has clarified that transit bail serves only as a temporary protection to help an accused reach the competent court. It cannot be extended or treated as anticipatory or regular bail.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a judgment reinforcing the limited scope of transit bail, the Delhi High Court has ruled that such relief is only a temporary and limited safeguard meant to protect an accused from immediate arrest while they approach the competent jurisdictional court for appropriate relief.
Justice Swarana Kanta Sharma, delivering the ruling, emphasized that transit bail cannot be extended or treated as anticipatory or regular bail, as doing so would intrude upon the powers of the court authorized to decide the case on merits.
The Court made it clear that the concept of transit bail exists only to ensure that an accused person has the opportunity to reach the proper court without facing immediate arrest. It is not meant to provide long-term protection or to delay legal proceedings.
The Court observed:
- Transit bail is limited in both scope and duration.
- Its purpose is only to allow the accused to seek relief from the court having jurisdiction.
- Extending it beyond this purpose would defeat its intent and amount to an abuse of process.
Case Background
The observations came during the hearing of a petition filed by Arka Bhattacharya, a second-hand car dealer from Kolkata, implicated in a case under the Maharashtra Control of Organised Crime Act (MCOCA). The case involves a nationwide vehicle theft and resale syndicate operating across India.
Bhattacharya had been granted transit interim bail to appear before a Delhi court, but failed to surrender as directed. Instead, he repeatedly sought extensions of the transit bail, avoiding appearance before the competent court.
Justice Sharma noted that the petitioner’s conduct reflected disregard for the law and a deliberate attempt to evade surrender, which went against the very spirit of the legal safeguard granted to him.
As a result, the Court refused further protection and dismissed his request to restrain coercive action.
The Delhi High Court’s ruling reinforced that transit bail cannot be used as a loophole to avoid the due process of law. Once the accused reaches the jurisdictional court, the effect of transit bail automatically ceases.
Case Title:
Arka Bhattacharya v. State
W.P.(CRL.) 602/2025 & CRL.M.A. 5602/2025 & CRL.M.A. 7062/2025, CRL. M.A. 21755/2025 & CRL.M.A. 27472/2025
READ JUDGMENT