INTERIM BAIL (Syllabus GS Paper 2 – Polity)

Context: The Supreme Court recently refused to grant interim bail to former Jharkhand Chief Minister, preventing him from campaigning in the Lok Sabha elections.

Interim Bail

• About: “Interim” bail entailing temporary release can be granted under compelling circumstances and grounds, even when regular bail would not be justified. Intolerable grief and suffering in the given facts, may justify temporary release, even when regular bail is not warranted.
• Respite: It provides a brief respite to the accused, temporarily releasing them from custody.
• Time period: The Interim bail can be extended for more time if the period expires and court thinks fit to extend the time due to special circumstances.
• Conditional: It is conditional and can be extended based on the circumstances.
• Right to freedom is revoke: If the interim bail expires and the accused fails to meet the requirements for its continuation or pay the necessary amount, their right to freedom is revoked, and they may be retaken into custody.
• Final decision: Granting of interim bail is the discretion of the Court but decisions should be sound and guided by law.
• Interim measure: Interim bail serves as an interim measure until a final decision is made on the bail application, preventing unnecessary detention of the accused during this period.

Case laws on interim bail: 

• Sukhwant Singh & Ors v. State of Punjab (2009): In this case 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.
• Nikesh Tarachand Shah v. Union of India (UOI) and Ors: In this case, it was held that grant of bail is a general rule and refusal is an exception exercised carefully as he can defend himself better when he is free. Granting of interim bail is also a general rule and it is given till a final adjudication on the regular bail or anticipatory bail application is disposed off.
• Kamlendra Pratap Singh v. State of U.P. and Ors (2009): It was held that interim bail should be given to the person until the main bail application is adjudicated as when the person is arrested, reputation of person is severely affected by that arrest.