Interim Bail
The Hon’ble Supreme Court on May 10 (Friday) granted interim bail to Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1. He surrendered a day thereafter. In the realm of justice, the concept of bail stands as a cornerstone of the legal system, ensuring the balance between the presumption of innocence and the need for societal safety.
In India, there are primarily three types of bail:
In India, interim bail isn’t specifically mentioned in any law. Instead, it’s based on the power Judges have to make decisions using different legal rules.
The most pertinent laws and principles guiding interim bail include:
Courts may grant interim bail under various circumstances, typically guided by principles of justice, equity, and humanitarian grounds. Some common grounds for the grant of interim bail include:
In the case of Sukhwant Singh & Ors v. State of Punjab (2009) 7 SCC 559, Hon’ble Supreme Court held that the interim bail is a measure especially to safeguard the reputation of an accused. Also, the Court has the inherent power to grant bail to a person whose bail application is still pending for disposal.
Interim bail serves as a crucial mechanism for safeguarding the rights and liberties of individuals embroiled in legal proceedings, ensuring that justice is not delayed or denied due to procedural constraints or emergencies. By providing temporary relief to the accused, interim bail upholds the principles of fairness, compassion, and due process, thereby reinforcing the foundations of a just and equitable legal system.
Interim bail is a temporary release granted to an accused by a Court during the pendency of a bail application or hearing. It addresses urgent concerns like medical emergencies or family crises until a final decision on bail is made.
In India, there are three primary types of bail:
Regular Bail: Granted after arrest, allowing release during the trial.
Anticipatory Bail: Pre-arrest bail to prevent arrest based on apprehension of false implication.
Interim Bail: Temporary release during the pendency of a bail application or hearing.
Interim bail is guided by:
Code of Criminal Procedure, 1973 (Sections 437, 438, and 439)
Constitutional provisions, particularly Article 21 guaranteeing the right to life and personal liberty.
Courts may grant interim bail for:
1. Emergencies and urgent medical needs
2. Delay in adjudication of the bail application
3. Humanitarian considerations (e.g., women, children, elderly)
4. Substantial doubt in the prosecution's case
Interim bail is crucial for safeguarding the rights and liberties of individuals in legal proceedings, ensuring justice is not delayed or denied due to procedural constraints or emergencies. It upholds principles of fairness, compassion, and due process.
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