INTRODUCTION 

Interim bail is a legal remedy in India that allows an accused person to be released on bail during the pendency of an investigation or trial. It is also known as anticipatory bail or temporary bail. Interim bail is granted in exceptional circumstances, when the accused person can demonstrate that there are compelling reasons for their release. 

Interim Bail: A legal remedy for pre-trial release 

In India, the concept of interim bail is not new but it has become more relevant in recent times, especially during the ongoing COVID-19 pandemic. Interim bail is a type of bail that is granted to an accused person during the pendency of an investigation or trial. It is also known as anticipatory bail or temporary bail. The purpose of interim bail is to provide temporary relief to the accused person, so that they can prepare for their defence, attend to their personal affairs, and avoid being detained in jail for an extended period. 

Interim bail is granted by a court in exceptional circumstances, when the accused person is able to demonstrate that there are compelling reasons for their release. The court considers several factors before granting interim bail, including the nature of the offence, the severity of the punishment, the evidence against the accused, and the likelihood of the accused fleeing or tampering with evidence. 

Interim bail is a legal remedy that is available to all accused persons, regardless of their social or economic status. It is a fundamental right under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. The right to interim bail is also recognized under Section 167 of the Code of Criminal Procedure (CrPC), which provides for the release of an accused person on bail if they have been detained for a period exceeding the maximum punishment prescribed for the offence. 

The concept of interim bail has been used in many high-profile cases in India, including the recent case involving the arrest of activist Disha Ravi in connection with the farmers’ protest toolkit case. Ravi was granted interim bail by a court in Delhi after spending five days in police custody. The court granted her bail on the grounds that there was no evidence to suggest that she had played a key role in the toolkit case, and that her arrest appeared to be politically motivated. 

Interim bail is not an absolute right and it can be revoked if the accused person violates the conditions of their bail. The court may also cancel interim bail if there is new evidence against the accused person or if the court is satisfied that their release would pose a threat to public safety or national security. 

One of the benefits of interim bail is that it allows accused persons to avoid the trauma and stigma associated with being incarcerated in jail. It also enables them to maintain their dignity and reputation, and to continue with their normal lives, including work and family responsibilities. Interim bail can also be a valuable tool for ensuring that accused persons receive a fair trial, as it allows them to prepare their defence and gather evidence to support their case. 

However, there are also some concerns regarding the use of interim bail in India. One of the main concerns is that it can be misused by accused persons who have the financial resources to influence the legal process. Another concern is that it can be used by accused persons to delay the legal process, which can result in a miscarriage of justice. 

LEADING CASES IN INDIA  

There have been several high-profile cases in India where interim bail has been granted to the accused person. Here are some of the top interim cases in India: 

These cases demonstrate the importance of interim bail as a legal remedy for accused persons in India, and the role it plays in ensuring that justice is served in a fair and impartial manner. 

CONCLUSION 

 Interim bail is an important legal remedy that is available to accused persons in India. It provides temporary relief to accused persons, so that they can prepare for their defence and avoid being detained in jail for an extended period. Interim bail is a fundamental right under the Constitution of India and it is recognized under the Code of Criminal Procedure. While there are concerns regarding its misuse and abuse, interim bail is a valuable tool for ensuring that accused persons receive a fair trial and that justice is served. 

REFERENCES 

1.INDIAN KANOON  

• LIVE LAW 

• WIKIPEDIA 

THIS ARTICLE IS WRITTEN BY OM PRAKASH 

TIWARI , A STUDENT OF FIMT , GGSIPU, NEW 

DELHI 

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