Interim Bail –While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances- the power to grant regular bail includes the power to grant interim bail, particularly in view of Article 21 of the Constitution of India. (Para 8-10)
Summary: Arvind Kejriwal Case – Power to grant interim bail is commonly exercised in a number of cases. Interim bail is granted in the facts of each case. This case is not an exception- General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy. Given the prodigious importance, we reject the argument raised on behalf of the prosecution that grant of interim bail/release on this account would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country. While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances- more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held – Rejected the argument that the reasoning recorded results in grant of privilege or special status to politician – Interim Bail Granted – Conditions imposed.