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ARTICLE · 23 APRIL 2020

Ins And Outs Of Interim Bail: Use And Abuse Thereof

Luthra and Luthra Law Offices India
Luthra and Luthra Law Offices India
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Luthra and Luthra Law Offices India

Luthra and Luthra Law Offices India

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Life and personal liberty are recognized as inviolable rights of every person under the Constitution of India.

IndiaCriminal Law
Varun Sharma
Varun Sharma
Abhishek Goyal
Abhishek Goyal
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Life and personal liberty are recognized as inviolable rights of every person under the Constitution of India ("Constitution"). Article 21 thereof provides, "No person shall be deprived of his life or personal liberty except according to a procedure established by law". The concept of bail has a direct nexus to Article 21 of the Constitution. Hon'ble Supreme Court1 has recognized that bail acts a safeguard to the right of personal liberty enshrined under Article 21 of the Constitution.

No definition of the term "bail" is provided under the Code of Criminal Procedure, 1973 ("CrPC"). However, slight clarity on the meaning of bail is attempted to be provided through judicial interpretation. As per the Hon'ble Madras High Court2, bail connotes the process of procuring the release of an accused charged with certain offence by ensuring his future attendance in the Court for trial and compelling him to remain within the jurisdiction of the Court. The provision for bail

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