What is Interim Bail?

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What is Interim Bail? Blog Image


Recently the Chief Minister of Delhi appeals for bail extension on medical grounds as the interim period ends on 1st of June.

About Interim Bail:

  • An interim bail is a short-term temporary relief to individuals entangled in legal proceedings before the hearing for the grant of regular or anticipatory bail.
  • The period for interim bail can be extended, but if the accused individual does not pay the court to confirm or extend the interim bail, they will lose their freedom and may end up in jail or face a warrant.
  • Grounds for Granting Interim Bail:
    • In the Parminder Singh and Ors. v. The State of Punjab (November 02, 2001) case, the Delhi High Court listed certain scenarios where interim bail should be granted which are as follows:
    • No likelihood of the accused fleeing from justice,
    • No chance of tampering with the evidence,
    • A clear case for custodial interrogation is not made out,
    • The application for a grant of anticipatory bail cannot be heard at an early date.
  • Some common grounds:
    • In case the accused has a serious medical condition requiring urgent or specialized treatment.
    • After considering the humanitarian factors such as familial responsibilities, age, health of the family members.
    • If the investigation is taking an unreasonable amount of time despite his cooperation with authorities.
    • Related Case Laws: 
    • Lal Kamlendra Pratap Singh vs. State of U.P.& Ors (March, 2009)
    • Sukhwant Singh vs. State of Punjab (May, 2009)

Arvind Kejriwal interim bail: Supreme Court rejects 7-day extension plea

Q1: What is anticipatory bail?

What is an anticipatory bail? It is the bail granted to a person in anticipation and apprehending arrest. Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable offence can apply for anticipatory bail.

Source: Arvind Kejriwal interim bail: Supreme Court rejects 7-day extension plea