Constitution of India: SC says Interim Bail is a Constitutional Right

In July 2010, the Supreme Court of India held that a person is entitled to interim bail pending disposal of the main application, as this is a constitutional right in consonance with Article 21 of the Constitution of India. The ruling was delivered to protect the reputation of persons, who are lodged in prison.

You may be wondering about what an interim bail means. Simply put, it permits an accused person to be given bail till the final hearing of the bail application in court. Sections of 437, 438 and 439, of the Criminal Procedure Code, provide that the order of the court granting relief till the final hearing of the bail application, is known as interim bail. However, if an accused is already in jail, the provision of interim bail is cancelled.

Constitution of India: SC Rules on Constitutional Right to Interim Bail

Article 21 of the Constitution of India, guarantees the right to liberty to all citizens. It provides for protection of life and personal liberty. Further, it stipulates that no person shall be deprived of his life and personal liberty, except in accordance with the procedure established by law.

The order was passed by the apex court, while rejecting the anticipatory bail application, of an accused, Balbir Singh. The accused filed the application before the Supreme Court, following dismissal of his bail plea, by the Sessions court and the Punjab and Haryana High Court. 

Monoher Singh Bakshi, the lawyer of the accused, argued that rejection of the bail plea will result in Singh being sent to jail, which would affect his reputation.

The Bench comprising of Justices Markandeya Katju and T. S. Thakur said that “we wish to reiterate that inherent in the power to grant bail is the power to grant interim bail, pending a final disposal of the bail application.”

It was also stated by the court that the decision has been taken in accordance with Article 21 of the Constitution of India. Article 21 guarantees the right of reputation to every citizen. Also, while rejecting the anticipatory bail plea of the accused, the court directed the trail court to decide on his interim bail application