Swami Sadashiva Brahmendra Sar (Nil) 19 May 2009

Interim bail

is there any statutory provision for interim bail ?

5 Replies

PALNITKAR V.V. (Lawyer) 19 May 2009

There is no provision in Cr.P.C for regular interim bail. But 438 Cr.P.C gives powers of interim bail in anticipatory bail applications.

Manasi Save (Legal Practioner) 19 May 2009

I agree with Mr Palnitakar

manu (advocate) 19 May 2009

the supreme court and high courts have repeatedly held that as CrPC makes no provision for interim bail the court shud not entertain applications seeking interim bail.

Swami Sadashiva Brahmendra Sar (Nil) 21 May 2009

Thanks shri palnitkar ! but where anticipatory bail is not applicable.....?

manu (advocate) 22 May 2009

1. if ur regular bail application is pending disposal u can file a memo seeking interim bail till the final disposal of bail application on merits. 2. or else depending upon the gravity of the offence u can move an application either under sec 437(2) of CrPc or sec 439 of the same seeking bail for the interim period of ten days or fifteen days convincing the court that the accused would surrender before the court after achieving the special purpose for which he is seeking temporary release from the custody.