my friend BA Rejected by CMM at Mumbai session court also rejected BA u/s 420 of IPC ....
according to arnesh kumar vs state of Bihar judgement could my friend will get bail.......
Chargesheet yet not filled by IO .......
or I wait fOr chargesheet ???
actually what is interim bail application is it ?? similar to regular bail application or it have different concept ??? pls say my friend is In JC from past 2 months ????
I will be highly obliged if any one can guide me .......
Sections 436 to 450 CrPC, deals with the provisions relating to bail and bonds. The provisions of Section 437 and 439 CrPC, provides for the grant of regular bail by Magistrate and by Sessions and High Court. Section 438 CrPC, deals with the provisions relating to the grant of anticipatory bail by the Courts of Sessions and High Court.
Courts in India works on the principle, "Grant of bail is a rule and refusal is an exception’’ The rationale for this is that an accused person who is free is in a much better position to handle his case and effectively defend himself than someone who is in jail.
Interim bail is a means to safeguard the person’s reputation, till the adjudication on the main application of bail. The grant or refusal of bail is dependent on the discretion of the Court.
When a bail application is submitted with a High Court or the Supreme Court, it needs certain documents from the lower courts, such as the charge sheet, certified copies of the documents, the case diary, etc, to make a final decision. Procurement of these documents requires time. In such cases, the accused can seek interim bail to avoid going to jail for the time being until the court procures the documents from the lower court.
Interim bail is a temporary bail granted until the court takes its final decision regarding the bail. The court, may grant permanent bail, extend the interim bail, or reject the current bail application.
