Friday, 2 June 2017

Rajat Malhotra

INTERIM BAIL - Police - Criminal Law

Regarding the interim bail kindly note that:
1. Criminal procedure code sec. 437, 438 and 439 clearly specify the term bail and order of the court granting interim relief till final hearing of bail application is called as interim bail.

2 Accused is a person who is arrested by police, under serious offences which are triable by district and sessions court, such as offence of murder under section 302, rape under section 376, 307 causing grievous hurt and attempt to murder, and other offences for which punishment is provided in Indian penal code which is more than 7 years. Capital punishment, then in such cases accused has to apply for bail to district and sessions court. With reference to provisions of 437, 439 of CRPC.

3. In case the accused is already in jail then no question arises of interim bail, his application is decided on hearing both sides, means advocate for applicant/ accused and advocate for state govt.

4. In case the accused is not arrested by police and offence is non-bailable and triable by court of sessions involving serious offences having capital punishment and accused has a reasonable apprehension of arrest in any crime registered at the police station against the accused.then accused has to apply for anticipatory bail to court of sessions under provisions of section 438 of CRPC. and pray for bail . He may apply for interim bail in case he thinks that police may arrest him while the anticipatory bail application is pending before the court of sessions.

5 Hon"ble sessions court will hear the advocate for applicant/ accused on interim bail application and either allow it on the day of submitting an application or may call for the say of police and decide the same after hearing the Advocate for accused and advocate for the complainant/ state

6. In case the application for interim/ anticipatory bail is rejected then on next date the court will hear both the advocates - advocate for accused and advocate for complainant state. And then either allow the same or reject it.

7. In case interim bail application is allowed then interim bail (anticipatory ), order is passed and in case of arrest police is ordered to release the accused on furnishing the surety and signing bail bonds by accused and surety.kindly note that normally the interim anticipatory bail order is either confirmed on final hearing of main anticipatory bail application or rejected as per the order of the court.

8.  In case of interim anticipatory bail , and main anticipatory bail, surety and all surety documents including proof of property owned by surety means latest ownership proof and property extract (form 8 ), issued by city survey office for house property owned by surety or 7/12 extract of land owned by surety , photo of surety and accused, address proof of surety and accused means original and one Xerox copy of document like ration card, election voters identity card, and affidavit and court fee stamps affixed to same, all these documents are to be produced to the concerned police station with accused and surety in person. Then the signatures are obtained by police and accused can be released if arrested.

9. Interim bail is valid until the final hearing of main bail application. Generally interim and main anticipatory bail order is granted till filing of the charge sheet in the court by the police, which is normally 90 days period. Once charge sheet is filed in the court then accused has to apply to the court for regular bail and submit surety to the court as per bail order.