Law of Interim Bail, Provisions, Grounds and Duration

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Arvind Kejriwal gets Interim Bail

The Supreme Court (SC) granted interim bail to Delhi Chief Minister Arvind Kejriwal on May 10. The law surrounding interim bail, also known as temporary or interim release, varies from jurisdiction to jurisdiction. Read all about the Law of Interim Bail in this article.

The legal saga surrounding Delhi Chief Minister Arvind Kejriwal took a significant turn as the Supreme Court of India granted him interim bail until June 1, 2024, in connection with the money laundering case filed against him by the Enforcement Directorate (ED) concerning the Delhi excise policy. This decision comes amidst a contentious legal battle and heightened political activities in the run-up to the Lok Sabha elections.

What is the Law of Interim Bail?

Interim bail, governed primarily by the Code of Criminal Procedure, 1973 (CrPC), serves as a crucial legal recourse for accused individuals awaiting trial. This overview delves into the key provisions, grounds, judicial discretion, conditions, duration, revocation, and appellate mechanisms associated with interim bail in India.

Provisions Under Code of Criminal Procedure (CrPC)

Section 437 and Section 439 of the CrPC provide for the grant of bail, including interim bail, to accused persons.
Section 437 empowers the courts, both sessions and magisterial, to grant bail to a person accused of a non-bailable offence. It also specifies conditions under which bail can be granted.
Section 439 provides for the special powers of the High Court and Court of Sessions regarding bail. It allows these courts to grant bail to a person who is under arrest in any case pending before them or in any other case or proceeding.

Grounds for Granting Interim Bail

Grounds for Granting Interim Bail	Description
Medical emergencies	Interim bail may be granted if the accused suffers from a medical emergency requiring immediate attention or treatment.
Absence of a prima facie case	When there is insufficient evidence to establish a prima facie case against the accused, interim bail may be granted until further evidence is presented.
Delay in trial proceedings	If there are significant delays in the trial proceedings, leading to prolonged detention without conviction, interim bail may be considered.
Exceptional circumstances	In exceptional situations not covered by the above grounds, where temporary release is deemed necessary in the interests of justice or equity, interim bail may be granted.

Judicial Discretion

The grant of interim bail is a matter of judicial discretion. Courts exercise this discretion judiciously, considering the facts and circumstances of each case.
The courts weigh the interests of justice, the rights of the accused, and the need to ensure public safety and order when determining whether to grant interim bail.

Conditions of Interim Bail

Courts impose conditions while granting interim bail to ensure the accused’s compliance with legal proceedings and prevent misuse of liberty. These conditions may include surrendering the passport, providing sureties, refraining from contacting certain individuals or attending court hearings regularly.
The conditions imposed may vary depending on the specific circumstances of the case.

Duration of Interim Bail

Interim bail is typically granted for a specific period, often until the next scheduled court hearing or until a particular event, such as the conclusion of the investigation or trial.
Courts may extend the duration of interim bail if deemed necessary based on the progress of the case.

Revocation of Interim Bail

Interim bail may be revoked if the accused violates any of the conditions imposed by the court or if new circumstances arise warranting revocation, such as the discovery of additional evidence against the accused.

Appellate and Review Mechanisms

Parties aggrieved by the decision to grant or deny interim bail may appeal to higher courts or seek a review of the decision through appropriate legal channels.

Conclusion

Interim bail in India, governed by the CrPC and judicial precedents, serves as a crucial legal instrument balancing the rights of the accused with the interests of justice and public safety. Understanding its provisions, grounds, judicial discretion, conditions, duration, revocation, and appellate mechanisms is essential for comprehending its role in the Indian legal system.

Law of Interim Bail FAQs

What is the rule about bail?

Bail is a Release of the convicted person to submit a personal bond or assurance to comply with the conditions imposed by the court and to appear before the court.

How long does interim bail last?

Court while regard to the facts and circumstances of the case, held that it is just and proper to grant fifteen days interim bail to the accused under Section 439 Cr.

What is interim bail under section 437 CrPC?

Provision, as to bail in case of non-bailable offence, is laid down in Section 437 of the code. This section gives discretionary power to the Court (other than High court or Court of Session) to release an accused on bail in a non-bailable case.