Response

Interim bail is granted for a short period of time and it is granted before the hearing for the grant of regular or anticipatory bail.

Before the procedure for granting a regular bail or anticipatory bail, interim bail is provided. It is given for a temporary period. The reason behind this is that the granting of bail by the High Court or the Court of Session requires documents to be sent by the lower courts, which takes time. So, for the time being, the provision of interim bail is provided.

The Interim bail can be extended and if its period expires then the person to whom it is granted has to be put in jail again.

A non-bailable offence is a crime in which the grant of Bail is not a matter of right but, the accused has to seek the permission of the court, and upon the discretion of the court based on the facts, bail is granted.
However, the court may generally refuse the Bail, if the “Bail Bond” has not been duly executed, or if the offence committed is of a grave nature, which imposes death punishment or life imprisonment, such as murder, rape etc. or in cases where the accused has attempted to abscond, prevent his arrest by hiding and also, when his credentials are doubtful.

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

Reference: Section 437 in The Code Of Criminal Procedure, 1973

Section 438 in The Code Of Criminal Procedure, 1973

Section 439 in The Code Of Criminal Procedure, 1973

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LAWAYZ-2023-263