SC grants interim bail to Kejriwal

Context:

The Supreme Court recently granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till June 1 to campaign for the Lok Sabha election.

Relevance:
GS-02 (Polity)

Definition and Types of Bail:

  • Bail serves as a provisional release from legal custody, with the promise to appear in court as required.
  • It involves providing security or collateral to the court for release.
  • The principle behind granting bail was elucidated in the case Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) by the Calcutta High Court.
  • In India, there are three main types of bail:
    • Regular Bail: This type of bail is granted by any court within the country to release a person who is already under arrest and held in police custody. Applications for regular bail can be filed under Sections 437 and 439 of the CrPC.
    • Interim Bail: Interim bail is granted for a temporary and short period by the court while an application for anticipatory or regular bail is pending before the court.
    • Anticipatory Bail or Pre-arrest Bail: This legal provision allows an accused person to seek bail before being arrested. In India, anticipatory bail is granted under Section 438 of the Code of Criminal Procedure, 1973, exclusively by the Sessions Court and High Court.
      • The granting of anticipatory bail is discretionary, with the court considering factors such as the nature and gravity of the offense, the accused’s background, and other relevant circumstances. Conditions may be imposed upon the grant of bail, such as surrendering the passport, refraining from leaving the country, or regular reporting to the police station.

Interim Bail Explained:

  • Interim bail is a provisional form of bail, granted while an application for anticipatory or regular bail is pending. It is subjected to conditions and can be extended upon prevailing circumstances.
  • It offers a temporary release from custody for the accused, providing a brief respite.
  • If the interim bail expires and the accused fails to meet its requirements or pay the necessary amount, their freedom is revoked, and they may be rearrested.
  • It serves as a temporary measure until a final decision is reached on the bail application, preventing unnecessary detention.
  • If the court denies the accused’s request for anticipatory or interim bail, the police may detain them without a warrant.
  • The authority of the High Court and Sessions Court to grant anticipatory bail is governed by Section 438 of the CrPC.
  • In deciding whether to reject an anticipatory bail application or provide interim relief under Section 438 CrPC, the court considers factors such as the seriousness of the accusation, the accused’s criminal history, the likelihood of escape, and the potential malicious intent behind the allegations.