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DIFFERENCE BETWEEN REGULAR BAIL, INTERIM BAIL AND ANTICIPATORY BAIL u/s 437 and 439 CrPC

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Updated On: April 17, 2024 4:57 pm

DIFFERENCE BETWEEN REGULAR BAIL, INTERIM BAIL AND ANTICIPATORY BAIL u/s 437 and 439

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DIFFERENCE BETWEEN REGULAR BAIL, INTERIM BAIL AND ANTICIPATORY BAIL u/s 437 and 439 CrPC

Regular Bail u/s 437 CrPC

Regular Bail is bail that is granted by the Court to a person after he has been arrested. When any person commits a cognizable and non-bailable offense the police will take him into the custody. After the termination of the period of police custody if any, the accused must be sent to Jail. Under section 437 and 439 of Cr.P.C., such accused has a right to be released from custody. So we can say that the Regular bail is the release of accused from custody for ensuring his presence in the trial.

Interim Bail

Interim Bail is a bail for a temporary period which is granted by the Court during the pendency of any application or it is granted until the time your application for Anticipatory Bail or Regular Bail is pending before a Court. It will be granted with some condition.

The interim bail can be extended and if the period of interim bail gets over and also the accused person does not pay before the court for confirmation and/or continuation of the interim bail then the freedom granted under the interim bail will be cancelled and the accused person be taken into custody or a warranty must be issued against him.

APPLICATION FOR EXEMPTION FORM PERSONAL APPEARANCE OF THE WITNESS u/s 205 CrPC

Anticipatory Bail u/s 438

Anticipatory bail is a bail that is granted to a person, even before an arrest, in anticipation that he might be getting arrested in some days for a certain criminal offense. This bail is essential nowadays where influential persons involve their opponents, in false and frivolous criminal issues to either damage their image or to get them arrested for some time, to enable them to get their work done.

There is no need of a First Information Report (FIR) that is filed against a person to make an application for anticipatory bail. When a person anticipates the reasonable grounds that exist for his arrest, he will be able to apply for anticipatory bail even before lodging of a FIR.

A person has the right to apply for anticipatory bail even after logging a FIR but only before the arrest is made. Once a person is arrested, it is compulsory to move an application for regular bail or interim bail as the case may be.

Mallinath Committe’s Report

Mallinath Committee has observed in its reports that provision as to anticipatory bail has been often been ‘misused by the rich and influential people’. The Committe, however, opined to retain the provision to two condition:

Public Prosecuted should be heard by the court before granting an application for anticipatory bail, and
Petition for anticipatory bail should be heard only be the court of competent jurisdiction.

Criminal law CrPC