08 Nov, 2025
Transit Bail Is A Short-Lived Protection And Ends Once Competent Court Is Approached: Delhi High Court
The Delhi High Court has held that transit bail is only a temporary and limited safeguard to protect an accused from immediate arrest for the purpose of enabling them to approach the competent jurisdictional court. Once such court is approached, the effect of transit bail automatically ceases.
Justice Swarana Kanta Sharma observed that transit bail cannot be extended so as to function like anticipatory or regular bail, as doing so would encroach upon the powers of the court competent to decide the case on merits.
The Court clarified:
• Transit bail is limited in scope and duration.
• Its purpose is only to allow the accused to seek proper relief from the court having jurisdiction.
• Extending transit bail beyond that purpose defeats the concept and amounts to abuse of process.
The remarks came while hearing a petition by Arka Bhattacharya, who is implicated in a case under the Maharashtra Control of Organised Crime Act (MCOCA), concerning a vehicle theft and resale syndicate operating across India.
The petitioner, a second-hand car dealer from Kolkata, was granted transit interim bail to appear before a Delhi court, but failed to surrender and repeatedly sought extensions of the transit bail instead.
The Court found that the petitioner’s conduct showed disregard for the law and a deliberate attempt to avoid surrender, and therefore refused further protection.
The petitioner’s request to restrain coercive action was dismissed.
Case Title: Arka Bhattacharya v. State
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