Telangana HC says interim bail permissible under BNSS, directs trial court to reconsider

The Telangana High Court on Wednesday criticised the State Prosecution Department for delays in filing counters in bail matters, warning that such delays could affect citizens’ liberty. Justice J. Srinivas Rao held that interim bail is permissible under Section 483 of BNSS and directed the trial court to reconsider a plea dismissed mechanically.

By Our Legal Correspondent

Hyderabad: The Telangana high Court on Wednesday sharply criticized the State Prosecution Department for the delay in filing counters in bail matters before the district judiciary, observing that such delays could adversely affect the personal liberty of citizens.

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Justice J. Srinivas Rao questioned why the police and prosecution require so much time to respond to bail applications, particularly in cases that do not involve heinous offences or acts of terrorism.

The Judge was dealing with a quash petition seeking to set aside the order of Metropolitan Sessions Judge’s Court at Hyderabad, which had held that there is no provision under Bharatiya Nagarik Suraksha Sanhita (BNSS) for granting interim bail.

Shaik Abdul Samad filed a bail application before the Sessions Court seeking regular bail. Pending consideration of the regular bail application, the petitioner sought interim bail on the ground that his wife was pregnant and her expected date of delivery was only a few days away. The trial court, however, dismissed the request, observing that the BNSS did not contain any specific provision for granting interim bail.

Appearing for the petitioner, counsel SK Ashraf brought to the notice of the High Court that the main bail application was still pending awaiting the prosecution’s counter. He submitted that the petitioner’s wife was due to deliver at any moment and that the delivery could take place before the regular bail application was even heard and decided. The counsel further submitted that the petitioner’s wife required the assistance and support of her husband during the delivery and sought the High Court’s intervention for his release on bail.

Taking into consideration the submissions made, Justice Rao observed that the trial court acted mechanically in dismissing the interim bail and further held that the law permits grant of interim bail under section 483 of BNSS. Accordingly, the Judge directed the trial court to reconsider the bail application on Thursday again or on subsequent day and decide the matter on merits.