Interim Bail to Delhi Chief Minister

Subject: GS: II: Polity & Governance 

Context

Recently, The Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case stemming from the alleged Delhi excise policy scam.

What is Bail? 

• It refers to the temporary prison release of a person awaiting trial or an appeal. 
• It is secured by depositing security before a legal authority to guarantee his eventual presence in court.

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Types of Bail in India: There are three types of Bail in India 

• Regular Bail: A regular bail is simply the release of an accused from jail to ensure his attendance at the trial. 
  • Section 437 and 439 of the CrPC: The accused has the right to be freed from such confinement under section 437 and section 439 of the CrPC. 

• • Interim Bail: It is issued for a short period. Interim bail is granted to an accused before the hearing for regular or anticipatory bail. 

• Anticipatory Bail or Advance Bail: It is similar to obtaining advance bail under Section 438 of the CrPC. 

• • Section 438: A bail under Section 438 may be bail before arrest, and an individual cannot be arrested by the police if the court has granted anticipatory bail. 

• • Application: In recent years, this has become an important problem because corporate competitors and other prominent persons sometimes seek to frame their opponents with fake charges.

About Interim Bail 

Grounds for Granting INTERIM BAIL

The Hon’ble Delhi High Court stated in Parminder Singh and Ors. v. The State of Punjab, (2001), that interim bail should be permitted in the following cases: 

• When there is no chance that the accused will escape prosecution,
•  When there is no chance that the defendant may tamper with the evidence 
• When there is no justifiable reason to conduct a confined interrogation, and 
• When the hearing on the anticipatory bail claim must be postponed.

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Specific Conditions 

• These are laid in accordance with Section 438(2) of the Code of Criminal Procedure. 
  • The court has the authority to set restrictions on how one may interact with witnesses, whether directly or indirectly. 
• The subject must also show up in person for police interrogation. 
• He also cannot threaten or entice the individual who is aware of the facts in any way, whether it be direct or indirect.
• Additionally, he is not permitted to leave the country or the court’s jurisdiction without the court’s consent. 
• Other specific conditions may be laid in case of granting of bail on special grounds such as on the basis of health, marriage or the passing of his loved one.

Legal Provisions Related to INTERIM BAIL

• In CrPC Sections 436 to 450 CrPC deal with the provisions of bail. 
  • There aren’t any direct legal provisions regarding the grant of Interim bail in the CrPC. 
  • But S.438 Crpc allows the High Courts and Sessions Courts to pass an interim order in case of pending of the plea of anticipatory bail in the court.

Also Read: Need For Reforming Bail Laws In India: Supreme Court