INTERIM BAIL - POLITY
News: Arvind Kejriwal bail | Grant
of interim bail is based on individual facts of each case, Supreme Court notes
What's in the news?
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The Supreme Court has granted interim bail to Delhi
Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for
the Lok Sabha elections.
Interim Bail:
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Interim bail in India is a temporary release granted to an accused person from custody under Section 439 CrPC.
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It can be granted to address urgent matters such as medical emergencies, family crises, or other
significant personal issues.
Legal Provisions for
Interim Bail:
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Interim bail in India is not explicitly defined under a specific statute but is derived from the discretionary powers
granted to courts under various legal provisions.
The most relevant laws and principles include:
1. Code of Criminal
Procedure, 1973 (CrPC):
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While the CrPC does not explicitly mention “interim
bail,” it provides the framework for
granting bail in general.
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Sections like 437
(bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439
(special powers of High Court or Court of Session regarding bail) are used
by courts to grant bail, including interim bail, based on judicial discretion.
2. Constitutional
Provisions:
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The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is
often interpreted to include the right to bail as part of the fair and just
legal process.
Go back to basics:
Bail:
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Bail is the conditional
release of a defendant with the promise to appear in court when required.
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The term also means the security that is deposited in order to secure the release of the
accused.
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In India’s legal world, the term offense has been
categorized as bailable offenses and
non-bailable under the Code of Criminal Procedure.
Need for Bail:
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Bail is a fundamental aspect of any criminal
justice system.
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A person can defend himself/herself better when
he/she is free, thus ensuring free trial.
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The practice of bail grew out of the need to safeguard the fundamental right to liberty.
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Liberty is the right of one whose guilt has not yet
been proven.
Types of Bail in India:
Depending upon the sage of the criminal matter, there are commonly three
types of bail in India such as
1. Regular Bail:
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Granted to a person who has already been arrested and is in custody.
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This type of bail is provided under Sections 437 and 439 of the Code of Criminal
Procedure, 1973 (CrPC).
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It allows the accused to be released from custody
while the trial is ongoing.
2. Anticipatory Bail:
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Under Section 438
of the CrPC, anticipatory bail is a pre-arrest
legal process.
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It is granted when a person apprehends arrest on an
accusation of having committed a non-bailable
offence.
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This type of bail ensures that the accused will be
released on bail in the event they are arrested.
3. Interim Bail:
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This is temporary
bail granted for a short period.
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Interim bail is often granted to allow the accused
some relief until a final decision on their regular or anticipatory bail plea
is made.
Conditions for Grant of
Bail in Bailable Offences:
Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused
of a bailable offense under IPC can be granted bail if:
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There are sufficient reasons to believe that the accused has not committed the offence.
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There is sufficient reason to conduct a further inquiry in the matter.
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The person is not
accused of any offence punishable with death, life imprisonment or
imprisonment up to 10 years.
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Conditions for grant of bail in non-bailable offences.
Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable
offences. It is discretion of the
court to grant bail in case of non-bailable offences if:
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The accused
is a woman or a child, bail can be granted in a non-bailable offence.
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There is a lack
of evidence then bail in non-bailable offenses can be granted.
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There is a delay
in lodging FIR by the complainant, bail may be granted.
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The accused is gravely sick.