Why in News?

• Recently, a Delhi Court granted interim bail to Member of Parliament and former Wrestling Federation of India President Brij Bhushan Singh in the sexual harassment case filed by women wrestlers.
• Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of Rouse Avenue Courts was hearing the matter of State v. Brij Bhushan Singh & Anr.

Background

• The Delhi Police had filed the chargesheet last month under Sections 354 (outraging modesty of a woman), 354A (sexually colored remarks), 354D (stalking) and 506(1) (criminal intimidation) of Indian Penal Code, 1860.
• Later, a cancellation report was filed by the Delhi Police in Patiala House Court for the allegations of minor against the accused.
• The timeline for alleged offences is between 2016 and 2019.
• The offences are alleged to be committed in WFI office, at accused’s official residence and also abroad.

Court’s Observations

• The court relied on the mandate of Satendra Kumar Antil v. CBI (2022) wherein the Supreme Court gave an observation on offenses that are punishable with imprisonment of 7 years or less.
  • The court observed if the charge sheet has been filed without arrest and the accused has cooperated throughout the investigation his application may be heard without taking him into physical custody.
• The court granted bail while stating that the charge sheet has been filed with arrest and the accused “have cooperated with the investigation”.

Interim Bail

• Bail refers to the provisional release of the accused in a criminal case in which the court has not announced the judgment yet.
• The Supreme Court laid the principle of “bail is a rule and jail is an exception” in State of Rajasthan v. Balchand alias Baliya (1978) which attests the importance of bail in criminal justice system.
• A short-term bail that is given to accused before the hearing for the grant of regular or anticipatory bail is called interim bail.
  • Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police. The accused has the right to be freed from such confinement under Section 437 and Section 439 of the CrPC. So, regular bail is simply the release of an accused from jail to ensure his attendance at the trial.
  • Anticipatory Bail: Anticipatory bail is a release granted to an accused apprehending arrest.
    • A person anticipating arrest may apply to the Court of Session or High Court for a direction to be released on bail under Section 438 of Cr.P.C, 1973.
    • The concept is based on the legal principle of presumption of innocence.

Cancellation Report

• There may be a situation where police may conclude that an offence has not been committed and may file the cancellation report.
• Such report of police officer on completion of investigation is filed under Section 173 of the Code of Criminal Procedure, 1973
• The Magistrate may agree with the report of the police officer and decide to drop the proceedings.