The three types of bail listed—regular, anticipatory, and interim—differ primarily by the timing of the application relative to the actual arrest and their duration. [1]
1. Regular Bail
- Stage of Application: After a person has been arrested and is in police or judicial custody.
- Purpose: To secure the release of an accused person from custody while the investigation or trial is ongoing, ensuring their attendance in court during the trial.
- Legal Provision: Provisions are primarily under Sections 437 and 439 of the Code of Criminal Procedure (CrPC), 1973.
- Duration: Generally continues until the end of the trial unless cancelled by the court. [1, 2, 3]
2. Anticipatory Bail
- Stage of Application: Before a person is arrested, when they have a reasonable apprehension of being arrested for a non-bailable offence.
- Purpose: To provide a protective shield against potential arbitrary arrest, allowing the individual to remain at liberty even if arrested.
- Legal Provision: Granted under Section 438 of the CrPC, 1973.
- Duration: Typically remains in force until the conclusion of the trial unless conditions are breached or it is cancelled by the court. [1, 3, 4, 5, 6]
3. Interim Bail
- Stage of Application: Granted for a temporary, short period while a primary application for regular or anticipatory bail is pending before the court.
- Purpose: To provide immediate, temporary relief and prevent the accused from being detained while the court takes time to review documents and make a final decision on the main bail application.
- Legal Provision: Granted based on judicial discretion, as there is no specific section dedicated solely to it in the CrPC.
- Duration: It is strictly time-bound, usually lasting only until the next date of hearing or a few weeks at most, at which point the person may face re-arrest if the main bail is not granted. [1, 4, 7, 8, 9]
REFRENCES-
