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The period of interim bail will be considered as part of the period of detention (custody).


17-Jul-2024 (In Criminal Law)
If a person is arrested, sent to judicial custody, released on interim bail for a period of two months, and then again sent to judicial custody, will that two-month period count as a period of detention (custody) under section 167(2) of CrPC? Additionally, will that person be entitled to default bail or not?
Answers (2)

Answer #1
788 votes
Interim release period can not be included in the detention period. However, bail can be asked from the court by taking interim release as a ground to it. However court can not detain you more than 90 days if the investigation is going on.
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Advocate Prashant Vaxish

Adv. Prashant Vaxish

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Answer #2
730 votes
Hello, If a person gets arrested, send to judicial custody and if he gets released on interim bail, it does not mean that he would be entitled for regular bail. Regular bail can be granted on the facts and circumstances and merits of the case. If the person/accused duly abide by the conditions of interim bail and surrender himself before the court or jail authorities, then it would be a plus point for him.
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Advocate Nitin Bansal

Adv. Nitin Bansal

LawRatoDelhi | 25+ Answers
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