Whether the Court entertaining transit anticipatory bail has duty to ascertain proximity between the Accused and the territorial jurisdiction of the Court?

  Conversely, the offence may be committed in one State, the FIR may be lodged in another State and the Accused may reside in a third State. In which of the Courts of the three States would the Accused approach for grant of anticipatory bail? We feel that having regard to the salutary concept of access to justice, the Accused can seek limited transit anticipatory bail or limited interim protection from the Court in the State in which he resides but in such an event, a 'regular' or full- fledged anticipatory bail could be sought from the competent Court in the State in which the FIR is filed.  {Para 39}

40. We are conscious that this may also lead the Accused to choose the Court of his choice for seeking anticipatory bail. Forum shopping may become the order of the day as the Accused would choose the most convenient Court for seeking anticipatory bail. This would also make the concept of territorial jurisdiction which is of importance under the Code of Criminal Procedure pale into insignificance. Therefore, in order to avoid the abuse of the process of the Court as well as the law by the Accused, it is necessary for the Court before which the plea for anticipatory bail is made, to ascertain the territorial connection or proximity between the Accused and the territorial jurisdiction of the Court which is approached for seeking such a relief. Such a link with the territorial jurisdiction of the Court could be by way of place of residence or occupation/work/profession. By this, we imply that the Accused cannot travel to any other State only for the purpose of seeking anticipatory bail. The reason as to why he is seeking such bail from a Court within whose territorial jurisdiction the FIR has not been filed must be made clear and explicit to such a Court. Also there must be a reason to believe or an imminent apprehension of arrest for a non-bailable offence made out by the Accused for approaching the Court within whose territorial jurisdiction the FIR is not lodged or the inability to approach the Court where the FIR is lodged immediately.

41. Having regard to the vastness of our country and the length and breadth of it and bearing in mind the complex nature of life of the citizens, if an offence has been committed by a person in a particular State and if the FIR is filed in another State and the Accused is a resident in a third State, bearing in mind access to justice, the Accused who is residing in the third State or who is present there for a legitimate purpose should be enabled to seek the relief of limited anticipatory bail of transitory nature in the third State.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. ... of 2023 (Arising out of SLP (Crl.) Nos. 11423-11426 of 2023 (Arising out of Diary No. 7943 of 2023))

Decided On: 20.11.2023

Priya Indoria Vs. State of Karnataka and Ors.

Hon'ble Judges/Coram:

B.V. Nagarathna and Ujjal Bhuyan, JJ.

Author: B.V. Nagarathna, J.

Citation:  MANU/SC/1246/2023.

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