Interim Bail

In simple terms, bail refers to the release of an accused individual awaiting trial, provided they offer security to guarantee their appearance at future court proceedings. There are various forms of bail, such as Regular Bail, Anticipatory Bail, Interim Bail, and Default Bail. Understanding the intricacies of the criminal justice system can be overwhelming, and a key element that frequently comes up is interim bail. This article will delve into what interim bail is, its characteristics, the grounds for granting it, and relevant case laws.

What is Interim Bail?

Interim bail provides short-term, temporary relief to individuals involved in legal proceedings before their hearing for regular or anticipatory bail. The duration of interim bail can be extended, but if the accused fails to comply with court requirements to confirm or extend the bail, they may lose their freedom and face imprisonment or a warrant. This form of bail is primarily beneficial to those who believe they have been falsely accused of a crime. Since legal processes can be lengthy, leaving the accused in a state of uncertainty and distress, interim bail offers a temporary reprieve until the final resolution of the case.

Although the Code of Criminal Procedure (CrPC), 1973, does not have a specific section for interim bail, certain conditions apply. Section 438 of the CrPC pertains to directions for granting bail to individuals fearing arrest, allowing a person to seek bail if they believe they may be arrested for a non-bailable offense (anticipatory bail under Section 438(1)). Additionally, Section 438(2) of the CrPC states that when the High Court or the Court of Session grants bail under Section 438(1), it may impose conditions based on the specifics of the case, such as:

  • The person must be available for police interrogation as needed.
  • The person must not, directly or indirectly, intimidate, threaten, or influence anyone acquainted with the facts of the case to prevent them from disclosing information to the Court or police.
  • The person must not leave India without prior permission from the Court.
  • Other conditions that may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

What are the Characteristics of Interim Bail?

The key characteristics of interim bail are as follows:

  • It is granted for a temporary and short duration.
  • Once the bail term expires, the accused can be taken into custody without a warrant.
  • It is issued while an application for anticipatory or regular bail is still pending before the court.
  • The cancellation of interim bail does not require any special procedure.

What are the Grounds for Granting Interim Bail?

In the case of Parminder Singh and Ors. v. The State of Punjab (November 02, 2001), the Delhi High Court outlined specific scenarios where interim bail should be granted:

  • No likelihood of the accused fleeing from justice.
  • No chance of tampering with the evidence.
  • A clear case for custodial interrogation is not established.
  • The application for anticipatory bail cannot be heard promptly.

Common grounds for granting interim bail include:

  • Serious medical conditions: If the accused has a severe medical issue (e.g., terminal illness, mental health problems, or surgeries requiring extended recovery) that necessitates urgent or specialized treatment unavailable in prison, the court can grant interim bail to facilitate medical care.
  • Humanitarian factors: Interim bail may be granted considering factors such as familial responsibilities, age, or the health of family members. For example, if the accused is the sole breadwinner and their continued detention would cause significant hardship or deprivation for their dependents, interim bail may be provided.
  • Prolonged investigation: If the investigation is taking an unreasonable amount of time despite the accused’s cooperation with authorities, the court may grant interim bail.

Additionally, the courts sometimes consider granting interim bail in other specific situations. For instance, in 2020, during the COVID-19 outbreak, interim bail was granted to prisoners to prevent overcrowding and curb the virus’s spread.

Related Case Laws

Lal Kamlendra Pratap Singh vs. State of U.P.& Ors (March 23, 2009) In this case, the Supreme Court reaffirmed that a judge reviewing a regular bail application has the inherent authority to grant interim bail. The court emphasized that “interim bail should be granted while the final bail application is pending, as arrest and detention can cause irreparable harm to a person’s reputation.”

Sukhwant Singh vs. State of Punjab (May 18, 2009) In this case, the Supreme Court stated that within the authority to grant bail, there is an inherent power to provide interim bail to an individual while the final bail application is pending. Although the decision to grant interim bail is at the discretion of the court, the power undeniably exists. In this case, if the petitioners surrender to the concerned court and request interim bail while awaiting the final decision on their bail application, the request should be considered and decided on the same day.


Interim bail exemplifies the principle of justice balanced with compassion. It acknowledges that individuals should not endure undue suffering while legal processes are ongoing, particularly when there are strong reasons to provide temporary relief. Nevertheless, the granting of interim bail is at the courts’ discretion and comes with strict conditions to maintain the integrity of the legal process. Ultimately, interim bail achieves a delicate balance between the rights of the accused and the interests of justice, offering a glimmer of hope amid legal turmoil.

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One Reply to “Interim Bail”

  1. Absolutely love the way you’ve laid out your points here.

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