WHAT IS THE MEANING OF INTERIM BAIL? AND FOR HOW MANY DAYS INTERIM BAIL BE GRANTED? AND WHAT HAPPENS DURING INTERIM BAIL? LASTLY, CAN INTERIM BAIL BE EXTENDED IF TENURE IS OVER WHAT WILL HAPPEN?
guest (student) 25 July 2009
WHAT IS THE MEANING OF INTERIM BAIL? AND FOR HOW MANY DAYS INTERIM BAIL BE GRANTED? AND WHAT HAPPENS DURING INTERIM BAIL? LASTLY, CAN INTERIM BAIL BE EXTENDED IF TENURE IS OVER WHAT WILL HAPPEN?
Ziaul Haque Ansari (Advocate) 25 July 2009
When the court grants a bil on some condition it is called Interim Bail. Yes the interim bail can be extended and if the period of interim bail gets over and the accused person does not prays before the court for confirmation and/or continuation of the interim bail then the liberty granted under the interim bail is cancelled and the accused person be taken into custody or W/A will be issued against him.
NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING THE INTERIUM BAIL KINDLY NOTE THAT.
1. CRIMINAL PROCEDURE CODE SECTIONS 437, 438 AND 439 CLEARLY SPECIFY THE TERM BAIL AND AND ORDER OF THE COURT GRANTING INTERIUM RELIEF TILL FINAL HEARING OF BAIL APPLICATION IS CALLED AS INTERIUM BAIL.
2 ACCUSED PERSON WHO IS ARRESTED BY POLICE ,UNDER SERIOUS OFFENCES WHICH ARE TRIABLE BY DIST AND SESSIONS COURT ,SUCH AS OFFENCE OF MURDER SECTION 302, RAPE SECTION 376, 307 CAUSING GREVIOUS HURT AND ATTEMPT TO MURDER, AND OTHER OFFENCES FOR WHICH PUNISHMENT PROVIDED IN INDIAN PENAL CODE IS MORE THAN 7 YEARS. CAPITAL PUNISHMENT, THEN IN SUCH CASES ACCUSED HAS TO APPLY FOR BAIL TO DIST AND SESSIONS COURT. WITH REFERENCE TO PROVISIONS OF 437, 439 OF CRPC.
3. KINDLY NOTE THAT IN CASE ACCUSED IS ALREADY IN JAIL THEN NO QUESTION ARISES OF INTERIUM BAIL.HIS APPLICATION IS DECIDED ON HEARING BOTH SIDES.MEANS ADVOCATE FOR APPLICANT ACCUSED AND ADVOCATE FOR STATE GOVT.ON BEHALF OF POLICE.
4.BUT IN CASE 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 REASONABLE APPREHENSION OF ARREST IN ANY CRIME REGISTERED AT 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 INTERIUM 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 PETITIONER ACCUSED ON INTERIUM BAIL APPLICATION AND EITHER ALLOW IT ON THE DAY OF SUBMITING APPLICATION OR MAY CALL FOR THE SAY OF POLICE AND DECIDE THE SAME AFTER HEARING ADVOCATE FOR PETITIONER ACCUSED AND ADVOCATE FOR THE COMPLAINENT STATE MEANS ADVOCATE FOR POLICE .
6. IN CASE APPLICATION FOR INTERIUM ANTICIPATORY BAIL IS REJECTED THEN ON NEXT DATE THE COURT WILL HEAR BOTH THE ADVOCATES .ADVOCATE FOR ACCUSED AND ADVOCATE FOR COMPLAINENT STATE./POLICE. AND THEN EITHER ALLOW THE SAME OR REJECT IT.
7 KINDLY NOTE THAT IIN CASE NTERIUM BAIL APPLICATION IS ALLOWED THEN INTERIUM 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 NORMALY THE INTERIUM ANTICIPATORY BAIL ORDER IS EITHER CONFIRMED ON FINAL HEARING OF MAIN ANTICIPATORY BAIL APPLICATION OR REJECTED AS PER THE ORDER OF THE COURT.
8 KINDLY NOTE THAT IN CASE OF INTERIUM 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 PROFF 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 DOCUMENT 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 KINDLY NOTE THAT INTERIUM BAIL IS VALID TILL FINAL HEARING OF MAIN BAIL APPLICATION. GENERALY INTERIUM AND MAIN ANTICIPATORY BAIL ORDER IS GRANTED TILL FILING OF THE CHARGESHEET IN THE COURT BY THE POLICE.WHICH IS NORMALY 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.
IN CASE ANDY FURTHER INFORMATION IS REQUIRED , KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU AND YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE
sandip 19 February 2015
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