Now Reading: Telangana HC says interim bail permissible under BNSS, directs trial court
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Telangana HC says interim bail permissible under BNSS, directs trial court
Telangana HC says interim bail permissible under BNSS, directs trial court
The Telangana High Court on Wednesday sharply 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 the Bharatiya Nagarik Suraksha Sanhita (BNSS) and directed a trial court to reconsider a plea it had dismissed as 'mechanical'.
The case involved Shaik Abdul Samad, who sought interim bail from a sessions court because his wife was pregnant and her due date was imminent. The trial court rejected the request, stating the BNSS had no specific provision for interim bail. Justice Rao observed that the trial court acted mechanically and clarified that the law does permit interim bail under Section 483 of the BNSS. He directed the trial court to reconsider the bail application on Thursday or the following day and decide it on merits.
Indian Opinion Analysis
The ruling settles a procedural confusion that had emerged in trial courts since BNSS replaced CrPC in July 2024. While Section 483 of BNSS mirrors old Section 389 CrPC dealing with suspension of sentence, the High Court has now read it to cover pre-conviction interim bail as well, which was previously handled under CrPC Section 437(1). The practical effect is immediate: thousands of undertrial prisoners in Telangana whose interim bail was denied on technical grounds can now cite this order. The next step is the trial court's decision on Thursday on whether to release Samad for his wife's delivery.
Source: telanganatoday.com
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