Interim bail is a Constiutional right: SC

SC has held that a person is entitled to interim bail pending disposal of the main application as it is a Constitutional right guranteed under Article 21(right to liberty) as being lodged in a jail may harm a person`s reputation.

Last Updated: Jul 20, 2010, 23:33 PM IST

New Delhi: The Supreme Court has held that
a person is entitled to interim bail pending disposal of the
main application as it is a Constitutional right guranteed
under Article 21(right to liberty) as being lodged in a jail
may harm a person`s reputation.

"We wish to reiterate that inherent in the power to grant
bail is the power to grant interim bail, pending a final
disposal of the bail application.
"This is in view of Article 21 of the Constitution of
India which guarantees the right of reputation to every
person," a Bench of Justices Markandeya Katju and T S Thakur
said in an order.

The apex court passed the order while dismissing the bail
plea of an accused Balbir Singh challenging the refusal of the
sessions court and the Punjab and Harayna High Court to grant
him bail in a criminal case.
His counsel Monoher Singh Bakshi had argued that denying
him bail would result in his going to the jail, thus affecting
his reputation.

The apex court, while rejecting Singh`s plea for an
anticipatory bail, however, asked the trial court to decide on
his plea for interim bail.

PTI