Interim Bail: Bail is essentially a mechanism by which an individual accused of a crime may be temporarily released from custody under the assurance that they will appear in court for their trial and remain within the court’s jurisdiction. The concept of bail, as outlined in Black’s Law Dictionary, involves securing the release of a person from legal custody by promising their appearance in court at a designated time and place, adhering to the court’s jurisdiction and judgment.
In the context of Indian law, the Code of Criminal Procedure, 1973 (Cr.P.C.), provides various provisions concerning bail procedures, though it does not explicitly define bail. Instead, the definition of bail has been shaped through numerous court judgments. For instance, in Natturasu v. State, bail is described as the process of ensuring the accused’s presence in court for trial and mandating their stay within the court’s jurisdiction.
Bail is intrinsically linked to Article 21 of the Indian Constitution, which protects the fundamental rights to life and personal liberty. The principle of bail safeguards an individual’s liberty by preventing unlawful and unjust detention. There are three primary types of bail in India: regular bail, anticipatory bail, and interim bail.
Regular bail is granted to individuals accused of non-bailable and non-cognizable offenses who are already under police custody. Applications for regular bail are filed under Sections 437 and 439 of the Cr.P.C. Anticipatory bail is for those who foresee their arrest on charges of non-bailable offenses and thus seek bail in advance under Section 438 of the Cr.P.C. Lastly, interim bail, which is the focus of this article, is temporarily granted before the hearing of either anticipatory or regular bail applications.
Concept and Scope of Interim Bail
Interim bail is awarded for a limited period pending the hearing of anticipatory or regular bail applications. Although not explicitly defined in the Cr.P.C., its meaning and scope have been interpreted through various judicial decisions. For example, the Supreme Court in Sukhwant Singh & Ors v. State of Punjab defined interim bail as a means to protect an accused’s reputation. It ruled that the power to grant interim bail is inherent in the courts’ authority to grant bail. Thus, interim bail is typically granted to prevent the undue arrest or detention of an accused pending the final decision on their bail application.
Legal Provisions Related to Interim Bail
While the Cr.P.C. does not contain direct provisions for interim bail, Section 438 empowers High Courts and Sessions Courts to issue interim orders during the pendency of anticipatory bail pleas. This section requires the court to evaluate the nature and severity of the accusation, the accused’s criminal history, the likelihood of fleeing justice, and whether the accusations might have been made to malign the accused.
Misuse of Interim Bail
The absence of a specific legal definition of interem bail within the Cr.P.C. has led to instances of misuse, such as the accused fleeing justice, violating bail conditions, or tampering with evidence. High-profile cases, such as Rukmani Mahato v. State of Jharkhand, highlight concerns over the misuse of interim bail, where higher courts have had to caution lower courts against granting regular bail when interim bail was still under consideration.
Right to Interim Bail During the COVID-19 Pandemic
The COVID-19 pandemic brought significant attention to the conditions of detention facilities and the rights of prisoners. On March 23, 2020, the Supreme Court of India issued guidelines for the grant of interim bail or parole to decongest prisons and reduce the risk of the virus spreading among prison populations. These guidelines included the formation of a High Power Committee (HPC) in every state and union territory to oversee and decide on the release of prisoners on interim bail or parole, based on factors such as the nature of the offense, the sentence duration, and the severity of the sentence.
Conclusion
Interem bail serves as a crucial judicial tool to uphold the fundamental right to personal liberty by preventing unlawful arrests or detentions. While the concept is predominantly defined through judicial interpretations rather than explicit statutory language, its application requires careful judicial consideration to prevent abuse. The ongoing pandemic has tested the judicial system’s adaptability, necessitating clear guidelines on the grant and denial of interim bail to balance public health concerns with individual rights.
