Fear of arrest, confusion of what could happen to you and anxiety created by pressures on person against whom complaint is made are some of the usual questions. Battling through all these and coping with questions like what lawyers usually ask you “Can I avoid arrest by Court?” comes up quite often. Yes, you surely can seek interim bail before arrest which is a temporary judicial relief. This relief can be granted by the concerned Court depending upon facts and circumstances of the case as well as urgency of the matter.
Mentioning your case specifically, a criminal case can be lodged against you in situations related to personal disputes, business competition, cheating incidents, loan defaulters, matrimonial issues or any other criminal offence. Just as these situations, if you get to know about complaints being filed, FIRs registered or arrests being planned against you, can cause you serious upheavals related to your liberty, career or family.
Like any other legal battle, there are remedies available for you too. An interim bail is like temporary relief granted to you which helps you get some respite until the Court hears you on your main bail plea or directs the investigation to do something else.
But, this is not the same as regular bail where you apply for bail after arrest nor is it like anticipatory bail where you specifically apply for relief from arrest.
Indian Courts also understand your personal rights as a citizen of India and necessity of investigation under criminal law. Therefore, when you apply for such interim relief you have to convince the Court hearing your plea by stating facts. The Judge will examine seriousness of the offence alleged against you, your previous criminal records (if any), necessity for investigation, your willingness to help with the investigation, chances of you fleeing from law, etc. and analyse the various aspects of your case before deciding on your request.
Knowing about this legal right about interim bail if you reside in Delhi NCR or anywhere in India is essential and you must seek legal help at the earliest. Any delay in finding the right legal assistance can land you in more trouble, especially if you have a legit reason to believe that you may get arrested.
Why Interim Bail Has Become Important for Accused Persons Facing Arrest Risk
We have been receiving bail applications more frequently in recent months. Criminal proceedings are picked up once the FIR is registered or investigation is initiated. And people are suddenly confronted with problems related to arrest, without even knowing their rights.
When there is an immediate need for the Court to look into the matter before the hearing of regular bail application is heard, he can apply for interim relief. He will then not be subject to undue harassment and justice will prevail.
Most of the criminal cases filed from Delhi, Noida, Gurugram, Ghaziabad and other metros are related to marriage, business or money disputes. At times the allegation in the complaints are of serious nature which needs to be investigated. But sometimes the facts which are alleged against the petitioner by the complainant are unsubstantiated.
Courts will not feel forced to grant interim bail. After examining the facts and circumstances of the case’ presented to the Court, it will determine whether to grant the relief or not. The nature of the allegations levelled against him, chances of destruction of evidence, cooperation with investigation and conduct of the applicant are few factors which the court will take into consideration.
What Is Interim Bail and How Is It Different From Anticipatory Bail?
Interim bail is defined as that relief which is granted by the court for a temporary period till the time further prayer for enhancement of bail is heard or till further orders/ judgment is received from the higher court. As evident from the very term interim bail, it operates till interim period only.
Court neither disposes the question of bail as prayed for by the petitioner completely, but it operates only till the time when the court feels that justice would be served by granting interim bail only in deserving cases.
Anticipatory bail on contrary is that type of bail which is granted to a person to avoid his arrest as per the provisions laid down under the law. When a person applies and obtains bail before he is arrested is known as anticipatory bail.
Difference between Interim Bail and Anticipatory Bail
| Features of Interim Bail | Features of Anticipatory Bail |
|---|---|
| Temporary bail granted till short period. | Bail applied before the arrest. |
| Operates till the bail application are pending. | Operates when the person applying for anticipatory bail is expecting an arrest against him. |
| Granted only when the facts of the case and the urgency demands. | Granted under Section 438 of Indian Penal Code, 1860. |
The person entitled to interim bail should never feel that the criminal prosecution pending against him has been dismissed or that he has got relief from all the allegations which have been levelled against him. He has been given temporary relief by the court of law. This relief can be withdrawn anytime.
Can a Court Grant Interim Bail Before Arrest in a Criminal Case?
Yes. Provision for interim bail before arrest exists. Yes if facts and circumstances of the case justify the same, Courts can provide temporary relief to a person from arrest and can grant him interim bail till the time when the hearing of anticipatory bail application takes place.
Provided that such interim protection from arrest can be granted by the Court only if it thinks that there is a necessity to grant immediate/ temporary relief to the accused and if the prima facie case for granting the same exists.
Yes Courts see if the relief is justified, when the accused seeks such a relief. They don't grant the relief just because he demands for it. The courts grant this relief by looking into the facts and the entire scenario of the case including the nature of allegations levelled against the accused, the stage of investigation, whether there is a necessity to keep him in custody or not etc. They also look into the conduct of the person who is applying for such relief.
Yes both these reliefs can be sought. Anticipatory bail and interim bail till filing of application can be taken by a person if he wants protection from arrest immediately till the court hears his regular bail application. Each case is separate from another. So no one can predict in your case until he knows the facts. Only after talking to a lawyer would he know if he needs such interim relief or anticipatory bail or any other relief.
What Factors Do Courts Consider While Granting Interim Bail Relief?
Usually the Court takes multiple factors into consideration before deciding to grant temporary bail protection. Granting such relief as the name itself suggests restores the balance between personal liberty and investigation.
Some of these factors are: –
- Nature and seriousness of the offence alleged
- Whether the investigation is at its preliminary stage
- Previous criminal record, if any.
- Whether the accused has a chance of cooperating with the investigation.
- Probability of evidence getting tampered/witness being affected.
- Any special personal grounds that require urgent relief to be provided.
- Necessity of having the person in custody for furthering the investigation.
The court may also choose to release the accused on bail on the grounds that his immediate custody is not required for the purpose of the investigation. Each order depends upon its own facts and the laws applicable to those.
When Can a Person Seek Interim Bail Protection?
There are many scenarios when an individual would want to apply for interim bail protection. You either have a legitimate fear of arrest or you seek some interim relief from the Court before it receives and scrutinizes your complete bail application. The circumstances under which interim bail is needed would vary from crime to crime and shall also be dependent on the discretion of the court hearing the matter.
Examples where Interim Bail can be sought:-
- When you come to know about the possibility of arrest only after an FIR has been lodged.
- There are pressing concerns involving personal freedom due to criminal allegations.
- The Court needs time to verify/review certain facts/details before issuing the final order.
- For example, Where a person seeks protection from arrest so that they don’t face baseless harassment.
We have had many last-minute clients approach us only when they have received a call/notification of arrest being executed. Criminal matters become nightmares when someone isn’t aware of the remedy that can be sought from the court at the right time.
Common Situations Where Interim Bail Becomes Necessary
Interim bail applications can come up in any Criminal matter. Seriousness of offence is one parameter but not the sole criterion for Courts to decide the issue as Courts take into consideration the entire background of the case.
Below are few situations where you require immediate legal intervention.
- Business/commercial dispute related offences.
- Offences filed due to personal vendetta.
- Arrest of senior citizens/ influential persons in matrimonial matters.
- Cases related to cheating/Breach of trust/other offences.
- Helping the accused to get relief from arrest till he approaches the Court.
Every criminal matter needs to be assessed on the basis of facts involved in it. What might have worked for others need not necessarily work for you as each case is different and at various stages of production of evidence.
What Documents and Information Are Important for Interim Bail Consideration?
Please ensure that all facts and material on record are carefully reviewed before you file bail related anticipatory relief from the Court. Documents would differ from case to case depending on the allegations in the complaint and stage of proceedings. Here is some information on documents that will be needed in general.
- Copy of FIR/complaint, if filed.
- Nature of the alleged offense.
- Copies of notices/communication received from Court.
- Copies of any order passed earlier.
- Identity and antecedent documents.
- Any other material on record that would aid in narrating the facts.
You will be held accountable for information/falsehood that you provide in your petition. If you provide information that is factually incorrect, it will only serve to mislead the Court. Omission of facts and failing to provide important information will change the legal perspective of the issue.
When Should You Consult a Bail Lawyer Before Arrest?
Scenario to meet bail lawyer: –
- Upon hearing any news about a likely FIR/arrest against you.
- If the police are investigating against you.
- If you have been issued a notice by any agency.
- You are unaware about bail remedies.
- Facing criminal charges that can harm you and your career.
Meeting them beforehand won’t promise you any specific outcome, but will allow you to know your rights and ready yourself for what’s ahead.
How BK Singh Advocate Helps Individuals Facing Urgent Bail Concerns
Criminal matters are handled carefully as every case is different and rely upon facts, allegations & in what stage the case has been registered. BK Singh Advocate helps & advises his clients on bail applications and in guiding them about various bail related matters but only after knowing the facts of the case thoroughly and giving his legal opinion.
We sit through the facts and listen to the allegations made against you and explain to you your legal position available under various criminal laws.
If you have been arrested or have any arrest-related query in Delhi NCR or India, consult BK Singh Advocate and get expert legal consultation on the matter of interim bail or anticipatory bail or any other criminal matter. The result of any legal problem would solely depend on how the judge perceives the facts, evidence and other connected factors.
Frequently Asked Questions
1. Can I avail benefit of interim bail before arrest?
Yes. You can take benefit of interim bail before arrest. The Court has the power to grant bail to a person even before he is arrested. But this will be only in those cases where the facts and circumstances of that case so deserve. Please note that interim bail is not a final decision on your full application for bail. It is only an interim order.
2. Can I change my interim bail to regular bail?
Interim bail is just that name suggests “INTERIM” i.e. for a time being. It is granted to a person from arrest only for a certain period of time. On the other hand Regular Bail is also a remedy available to a person by itself. The two are not interchangeable.
3. Can I file for anticipatory bail and interim bail both?
No. You cannot file for both anticipatory bail and interim bail. Although both these reliefs are granted by the Court, they have different purposes and cannot be compared.
4. For how many days will interim bail be effective?
There is no fixed period for which interim bail is granted to a person. The Court grants interim bail for such period as it thinks fit for granting relief to a person from arrest.
5. Can interim bail be extended?
It will depend on the facts and circumstances of your case. We cannot make a blanket statement that the Court will extend the interim bail after it expires.
6. Which Court can issue interim bail?
It will depend on the facts and circumstances of your case. Also the nature of the offence and the stage of the proceedings will help you identify which Court has jurisdiction to entertain a application for interim bail.
7. Will I get interim bail if I am accused of committing a heinous crime?
It will depend on the facts and circumstances of your case. The Court will take several factors into consideration before granting interim bail to a person accused of committing a heinous crime. Some of these factors include nature of allegations against you, the evidence, if any available with the police against you, whether police require to carry out further investigation, etc.
8. What will happen when my interim bail period is over?
You will have to abide by the orders passed by the Court. You will not be allowed to assume that police will not arrest you after your interim bail period expires. Whether the police will arrest you or not will depend on various factors.
Consult a lawyer to know about the implications of the order passed by the Court in your case.
9. What documents will I need to apply for interim bail?
It will depend on the facts and circumstances of your case. Generally speaking a person will be required to bring along a copy of FIR and chargesheet, if any. Any kind of notices received, if any should also be enclosed. All the previous orders passed by the Court in your case should also be brought along with proof of identity and address. Don’t forget to bring relevant facts related to your case.
10. Will police arrest me if my interim bail period gets over?
It will depend on the facts and circumstances of your case. You need to consult a lawyer to know what will happen when the interim bail period granted to you by the Court gets over.
Final Thoughts
The Arrest can cause immense misfortune to individuals as well as their loved ones. Knowing about Interim bail and various remedies can help an individual think rationally. Criminal matters are urgent. Each case is different and has different facts, evidence and legal issues. Although Interim bail can provide you with short term relief in some cases, only the judge can make that decision. BK Singh Advocate will help you understand your legal position regarding bail matters and offer you knowledgeable legal counsel when examining your specific case. Reach out to BK Singh Advocate for legal advice on Interim bail before arrest in criminal matters.
