Post-arrest transit bail in Pakistan is generally granted by the court within the jurisdiction where the arrest took place. This can be a Sessions Court or a High Court, depending on the circumstances of the case and the nature of the offense. Here’s a breakdown:
1. Magistrate or Sessions Court:
- If the accused is arrested in a district where a Magistrate or Sessions Judge has jurisdiction, an application for transit bail can be filed before these courts.
- Sessions Courts typically handle transit bail applications for more serious offenses, while Magistrate Courts may deal with less serious or bailable offenses.
2. High Court:
- In some cases, especially for serious non-bailable offenses or complex situations, the accused may apply directly to the High Court of the province where the arrest occurred.
- The High Court has the discretion to grant transit bail and provide necessary directions to ensure the accused reaches the appropriate court.
Process:
- Once the accused or their lawyer files the bail application, the court examines the arrest, the nature of the case, and the purpose of the transit.
- If satisfied, the court may grant temporary or transit bail for the duration of the travel, imposing any conditions it deems necessary (e.g., sureties, appearance at the relevant court within a certain period).
Thus, transit bail is granted by the court that has jurisdiction over the area of the arrest, which could be a Magistrate, Sessions Court, or High Court, depending on the gravity of the offense and the specifics of the case.