High Court held that uncertainty is a ground for the rejection of Interim Bail[Read Order]

The High Court of Delhi, in the case of Abhishek Kumar v. state bench comprising of  JUSTICE VIPIN SANGHI & MR. JUSTICE RAJNISH BHATNAGAR held that the uncertainty is a ground for the rejection of interim bail.                                            

In this case, an application was filed by the Appellant seeking Interim Bail due to the surgery of his wife. Earlier, the Interim Bail was granted to the Appellant, but the surgery was not performed.

Section 439 CRPC specifies the power of the High Court and the Session Court to grant interim bail. The Court issued a Notice to the State to verify its stand as the Appellant stated that the surgery was scheduled for 23-03-2020.

As the surgery was not performed on the specified date, the Court directed the Appellant to surrender. In view of the Order passed by the Full Bench to grant interim bail, the Appellant was released.

Now, the Appellant is seeking to continue the Order dated 25-03-2020. On this issue, the Appellant cannot be relied upon as the Full Bench had directed him to surrender on 17-03-2020.

Since 17-04-2020, the Appellant was released and now one month has already been passed, but the surgery is not yet conducted. The Court directed the Appellant to surrender on 19-04-2020 before the Jail Superintendent at 04:00 PM.

However, the court further stated that the Appellant is free to file the Application on account of fresh circumstances.

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