intrime bail
Anil Kumar kamboj Delhi M-9650
(Querist) 24 September 2009
This query is : Resolved
what is intrime bail ,& what is the procedure for this ,& under which section it is dealt with of cr.p.c.riven
PARTHA P BORBORA
(Expert) 24 September 2009
THERE IS NO SECTION IN CR.P.C WHICH PROVIDS THE INTERIM BAIL. BUT IT IS TRADITIONALLY ALLOWED BY THE COURTS IN CONNECTION WITH SECTION 438 AND SEC 439 CR.P.C. AN INTERIM BAIL ALLOWED THE PENDENCY OF A BAIL PRAYER ASKING FOR A CASE DIARY/MEDICAL REPORT ETC. IT IS GRANTED FOR A PARTICULAR PERIOD OF TIME.riven
Sachin Bhatia
(Expert) 24 September 2009
Rightly said there is no section which provides interim bail. But bail is allowed by the court in connection with following sections:
437. When bail may be taken in case of non- bailable offence.
438. Direction for grant of bail to person apprehending arrest.
439. Special powers of High Court or Court of Session regarding bail.riven
Adinath@Avinash Patil
(Expert) 24 September 2009
Mr. Anil,
Followig ruling ruling help you for your query.
Applicability of-distinction between also pointed out- the distinction between ordinary bail order and order u/s 438 is-where as former is granted after arrest while latter granted in anticipatin of arrest and therefore effective at the moment of arrest - the object of section 438 is-that the moment a person arrested, if he has obtained already an order from sessions or high court - he shall be immediatly realeased on bail-without being sent to jail.
Adri Dharan Das v/s state of west Bengal,
2005[3]SRJ 327.
2005[2] JT 548.riven
Guest
(Expert) 28 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE INTERIUM BAIL KINDLY NOTE THAT
1.BAIL APPLICATION IS SUBMITED TO DIST AND SESSIONS COURT WHENEVER ANY CRIME IS REGISTERED AT THE POLICE STATION AGAINST THE ACCUSED AND THE PERSON WHOSE NAME IS MENTIONED AS ACCUSED HE CAN BE ARRESTED BY THE POLICE HENCE THE PETITIONER ACCUSED CAN FILE AN APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE AT DIST AND SESSIONS COURT AND AT THE TIME OF FILING OF SAID APPLICATION ONE ADDITIONAL APPLICATION IS ALSO FILED PRAYING FOR INTERIUM BAIL TILL FINAL HEARING OF MAIN APPLICATION FOR ANTICIPATORY BAIL.THE COURT WILL HEAR THE ADVOCATE FOR ACCUSED AND MAY EITHER ACCEPT OR REJECT THE APPLICATION FOR INTERIUM BAIL .IN CASE THE SAID APPLICATION IS ALLOWED THEN COURT MAY GIVE DIRECTIONS TO THE CONCERNED POLICE OFFICER OF THE POLICE STATION WHERE CRIME IS REGISTERED THAT THE PETITIONER ACCUSED ,IN CASE OF ARREST , BE RELEASED ON BAIL BY FURNISHING SURETY DOCUMENTS AS DIRECTED BY THE COURT.GERERALY THE INTERIUM BAIL ORDER IS IN FORCE TILL FINAL HEARING OF LMAIN APPLICATION FOR ANTICIPATORY BAIL.
IN CASE ANY FURTHER INFORMATION IS REQUIRED KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE.
2.
