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AD-Interim Bail - A Misnomer

By Lawrence Gomes

Published In

CrLj 2001

The legal term ‘Ad-interim Bail’ is frequently used and practiced loosely in a wrong connotation as an ‘Escape Route’ by the lower judiciary in granting bails in the Remand/Bail files and in trial Courts. In fact, no legal terminology exists as ‘Ad-intereim Bail’ in the Criminal Procedure Code, 1974, but we often come across such term which convey the same sense as Temporary/Time-bound/Parole/Fixed Term Bail and it is passed for ‘special reasons’ such as on Humanitarian/Compassionate/Sympathetic grounds in accordance with S. 437(i), Cr. P.C., Proviso 2 (Vinod Narain v. State of U.P., 1996 Cri LJ 1309 (All) (FB)), along with S. 439, Cr. P.C. However, it is pertinent to mention here that, our Indian Legislation has not expressed anything clearly what it is meant by “any other special reason” and it seems obvious that it means any other extraordinary reason specially related to the accused person and to the facts of th ....

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