Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

CheatedinMarriage (Employee)     02 February 2010

interim bail for harassment

if you have interim bail in harassment, to regularize it is it difficult or can it be challenged?



Learning

 2 Replies

subhash kumar (advocate)     03 February 2010

interim bail can be challenged or cancelled depends upon the circumstance of the case

N.K.Assumi (Advocate)     06 February 2010

Interim bail or Anticiptoey bail is actually a misnomer term. Under the sheme of the criminal procedure code there is no whisper of the expression Anticipatory bail or interim bail. What section 438 spell out is that the High Court or the session Court ....may if it thinks fit, direct that in the event of his arrest, he shall be released on bail. As per the Supreme Court decision there is no invairable rules that interim bail or Anticipatory bail should be limited to a point of time, and this is left to the discreation of the court by the wisdom of the Parliamnt. As such depending on the nature of the case in most of the cases Anticipatory bail is granted with limitation in point of time and you can not challenge such discreation granted in your favor. Rather you should approach the Court that grant you interim bail for regularization of your interim bail. All the best.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register