Context:
- Recently, the Supreme Court of India granted Delhi Chief Minister Arvind Kejriwal interim bail in the liquor policy case till June 1, 2024.
About Interim Bail
- It is a temporary bail granted for a shorter period during which the court can call the documents to make a final decision on the regular or anticipatory bail application.
- It is granted based on the individual facts of each case.
- In bailable offenses, bail is a right and not a favor according to Section 436 of CrPC.
- However, in the case of non-bailable offenses, the grant of bail, including interim bail, is at the discretion of the court and is based on several factors including the gravity of the offense, the character of the accused, the likelihood of the accused absconding, etc.
| Bail Provisions in India
– The Code of Criminal Procedure (CrPC), 1973 governs the terms of the ‘Bail in India’. – Though the Act does not define ‘bail’, it expressly mentions phrases ‘bailable offense’ and ‘non-bailable offense’. Other Types of BailRegular Bail: – A regular: bail is the release of an accused from custody to ensure his presence at the trial. – Anticipatory Bail: It is a type of bail that is given to someone who is in anticipation of getting arrested for a non-bailable offense by the police |