Interim Bail granted to Delhi CM by Supreme Court

Interim Bail granted to Delhi CM by Supreme Court

This article covers ‘Daily Current Affairs’ and the topic details of ”Interim Bail granted to Delhi CM by Supreme Court”. This topic is relevant in the “Polity and Governance” section of the UPSC CSE exam.


Why in the News?

Lately, the Supreme Court provided temporary bail to Arvind Kejriwal, the Chief Minister of Delhi, regarding a money laundering accusation related to the purported scam involving the Delhi excise policy.


More about the case

  • Termed as the new liquor policy, the Delhi Excise Policy 2021-22 came into effect on November 17, 2021, altering the dynamics of liquor sales in the city by privatising the operation of liquor shops, thus withdrawing government involvement.
  • Subsequently, investigations were launched alleging that the Delhi government and its officials received kickbacks from alcohol business owners and operators in exchange for favourable treatment.
  • These kickbacks were purportedly utilised to influence the outcomes of the Assembly elections in Punjab and Goa held in early 2022.
  • The Delhi Chief Minister failed to respond to nine summonses issued by the Enforcement Directorate (ED) regarding the excise policy case. The ED asserted that the Chief Minister played a central role as the main orchestrator and key conspirator in the Delhi excise scandal. The ED arrested him on 21 March.
  • Following the rejection of the petition challenging the arrest of the Delhi CM by the Delhi High Court, he sought relief from the Supreme Court (SC).On May 10, the SC Bench decided to grant interim bail to Kejriwal until June 1, coinciding with the closing day of voting for the 2024 Lok Sabha elections.


About Interim Bill

Interim bail, a fundamental aspect regulated chiefly by the Code of Criminal Procedure, 1973 (CrPC), offers a crucial legal avenue for individuals accused and awaiting trial. This comprehensive examination delves into the fundamental aspects, including provisions, grounds, judicial discretion, conditions, duration, revocation, and avenues for appeal associated with interim bail in the Indian legal framework.

Key Provisions in the Code of Criminal Procedure (CrPC) regarding Interim Bill

  • Enshrined in Section 437 and Section 439 of the CrPC, provisions outline the framework for granting bail, encompassing interim bail, to accused individuals.
  • Section 437 empowers both sessions and magisterial courts to extend bail to those accused of non-bailable offences, laying down specific conditions under which bail can be granted.
  • Section 439 confers special authority upon the High Court and Court of Sessions regarding bail, enabling them to grant bail to individuals under arrest in cases pending before them or in other legal proceedings.


  • Grounds for Provisioning Interim Bail: In the case of Parminder Singh and Ors. v. The State of Punjab (2001), the esteemed Delhi High Court outlined the circumstances under which interim bail should be granted as follows:
  1. When there is minimal risk of the accused fleeing prosecution.
  2. When there is minimal risk of the defendant tampering with the evidence.
  3. When there is no legitimate justification for conducting a custodial interrogation.
  4. When the hearing on the anticipatory bail plea needs to be deferred.


  • Judicial Discretion: The decision to grant interim bail rests upon judicial discretion, with courts meticulously weighing the facts and circumstances of each case. Factors considered include the pursuit of justice, the rights of the accused, and the imperative of maintaining public safety and order.

  • Guidelines Attached to Interim Bail: These guidelines are established in accordance with Section 438(2) of the Code of Criminal Procedure.
  1. The court possesses the authority to impose restrictions on an individual’s interactions with witnesses, whether done directly or indirectly.
  2. Furthermore, the individual must comply with the requirement to appear in person for police interrogation.
  3. Additionally, the individual is prohibited from intimidating or attempting to influence anyone knowledgeable about the facts, whether through direct or indirect means.
  4. Moreover, leaving the country or the jurisdiction of the court without the court’s permission is not permitted.
  5. In cases where bail is granted on special grounds such as health, marriage, or the passing of a loved one, additional specific conditions may be imposed.


  • Duration of Interim Bail: Typically, interim bail is granted for a specified period, often until the subsequent scheduled court hearing or until a particular milestone in the legal process, such as the conclusion of investigations or trials. Courts retain the authority to extend the duration of interim bail if deemed necessary based on the progress of the case.
  • Revocation of Interim Bail: Interim bail may be revoked in instances where the accused breaches any of the conditions set forth by the court or if new circumstances arise warranting revocation, such as the emergence of additional incriminating evidence against the accused.
  • Appellate and Review Mechanisms: Individuals aggrieved by decisions pertaining to the grant or denial of interim bail retain the option to appeal to higher courts or seek a review of the decision through appropriate legal channels.


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Prelims practise question


Q1. What is the primary difference between interim bail, regular bail, and anticipatory bail?

(a) Interim bail is granted during trial, regular bail after trial, and anticipatory bail before arrest.

(b) Interim bail is granted before trial, regular bail during trial, and anticipatory bail before arrest.

(c) Interim bail is granted after conviction, regular bail before trial, and anticipatory bail after trial.

(d) Interim bail is granted after arrest, regular bail before arrest, and anticipatory bail during trial.


Answer: B


Q2.In which situation might a Zero FIR be particularly useful?

(a) In cases where the victim is not aware of the location of the crime

(b) In cases where the victim is hesitant to report the crime to the police

(c) In cases where the crime involves multiple jurisdictions

(d) In cases where the victim prefers not to involve the police


Answer: C


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