Wednesday, 8 August 2018

Arrest during Transit Bail is not possible

A common practice is that when an accused has apprehension that he might get arrested in a criminal case, he gets transit bail from High Court for few days. It is also called protected bail and it is granted by the High Court where the accused approaches.

Ordinarily a High Court has jurisdiction in its respective province. It means that if an accused has taken transit bail from any competent court of law, he cannot be arrested from the jurisdiction of that High Court. However, it is also a fact that the High Courts are constitutional courts and even if they do not have jurisdiction in other provinces, they hold respect and dignity in other provinces. Their decisions are respected and obeyed by the courts in other jurisdictions.

That is the same reason when an accused gets transit bail, he cannot be arrested even if he leaves the jurisdiction of that respected court until and unless he gets a chance to appear before the honorable court where he has to file proper bail petition within the time prescribed in the protective bail order.

For more you can consult

Salman Yousaf Khan (Golra)
Criminal Lawyer

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Salman Yousaf Khan
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