Interim bail while anticipatory bail is pending
Querist :
Anonymous
(Querist) 14 July 2022
This query is : Resolved
Dear Expert,
Applying for anticipatory bail for an ailing senior citizen (70+) in a criminal FIR. The complainant is very influential and is harassing the senior citizen. Anticipatory bails may take 15-20 days in lower court. Complainant may create unnecessary delays. If unsuccessful, this may take a longer time in the high court.
I came across the online article that the defendant can apply for interim bail - a temporary measure that is valid while an application is ongoing or when the court is considering an application for anticipatory or regular bail."
Current lawyer suggests not staying home for the entire duration. This obviously is a huge concern given the ongoing COVID and the ailing health of the senior citizen.
Very much appreciate your guidance.
Dr J C Vashista
(Expert) 15 July 2022
Anticipatory bail is applied and granted (on merit) before arrest, when there is apprehension of being arrested in a cognizable criminal complaint.
Interim Bail is applied and considered when the accused is lodged in jail.
Both (anticipatory & interim) bail take same time period for consideration and orders on bail application, it is a misconception that anticipatory bail application takes 15-20 days to be decided.
There is no separate special consideration for 70+ age of accused and/ or COVID-19 qua arrest or bail.
You should have faith in the lawyer engaged / paid by you who is well aware about facts and circumstances of the case and an intelligent, able and competent enough to take care and proceed to protect your interest. However, if you have lost faith in your counsel change him / her immediately.
Querist :
Anonymous
(Querist) 15 July 2022
Thank you Dr. J C Vashista. Appreciate your feedback.
To confirm, the following statement isn't accurate?
"Interim Bail is a temporary measure that is valid while an application is ongoing or when the court is considering an application for anticipatory or regular bail".
Numerous articles and posts online led me to believe that interim bail is also applied and considered while the application (for anticipatory among others) is ongoing AND/OR while the court is considering the application.
Appreciate your clarification. Many thanks.
Querist :
Anonymous
(Querist) 15 July 2022
Thank you Dr. J C Vashista. Appreciate your feedback.
To confirm, the following statement isn't accurate?
"Interim Bail is a temporary measure that is valid while an application is ongoing or when the court is considering an application for anticipatory or regular bail".
Numerous articles and posts online led me to believe that interim bail is also applied and considered while the application (for anticipatory among others) is ongoing AND/OR while the court is considering the application.
Appreciate your clarification. Many thanks.
Dr J C Vashista
(Expert) 16 July 2022
"No person shall be deprived of his life or personal liberty except according
to the procedure established by Law".
The Criminal Procedure Code, 1973 talks in details about the bail process and how it has to be obtained. However, it does not define bail. Section 2(a) Cr.P.C. says that bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force, and non-bailable offense means any other offence.
Chapter-XXXIII of the Code of Criminal Procedure deals with various provisions as to bail and bonds. It lays down as to when bail is the right of the accused, when bail is the discretion of the Court, in what circumstances said discretion can be exercised, what are the terms and conditions which would be required to be observed by the accused, who has been released on bail and what powers are vested in the Court in the event of accused committing default of bail order.
Besides Chapter XXXIII Section 436 to 439, another provision, which deals with the concept of bail is Section 167 of the Code of Criminal Procedure, which is generally termed as “Default Bail”. While considering the aspect of bail, both these provisions are to be studied in the context of each other.
Kinds of Bail
Broadly speaking there are three categories of bail and they are i] bail in bailable offences, ii] bail in non bailable offences, iii] anticipatory bail.
Querist :
Anonymous
(Querist) 16 July 2022
Thank you. Much appreciated.
