Introduction:
Interim Applications can be defined as applications to the courts to make certain orders or directions before the commencement of the hearing. In other words, they are interim measures, hence the name that enable either party in a suit to request the court to make certain orders as per the application.
Role of Interim Applications and its Usage
Such interim applications consist of applications for extension of time, injunctions, interim payments, summary judgments, amendment of cases etc, and are commonly seen in civil law.
Just like interim applications can be seen used to a large extent in civil law, they play a huge role in the proceedings of criminal cases as well.
Before the actual commencement of the trial of criminal cases such as criminal appeals, complaints, criminal writ petitions, etc if the aggrieved party needs interim relief until the commencement of final hearing of the trial he has the right to apply for such interim applications.
These applications which can also be called interlocutory or criminal miscellaneous applications consist of applications such as application for bail, transfer of the case, application for jurisdiction, application for re-examination of witnesses, or any other relief mentioned by the code of criminal procedure and enable the aggrieved party to maintain status quo until the commencement of the trial.
Before moving into detail about the various types of interim applications for criminal cases it is important to understand the necessities required to file such applications which can be classified into the following:
- Name of the court.
- Name and address of the Parties.
- Relevant Section under which Application filed.
- Facts necessitating the relief sought for.
- Prayer to seek relief.
- Signature of the applicant, place, and date of the application.
Once these requirements are met the application can be filed at the respective court.
Types of Interim Applications under Criminal Law
Under the criminal code of procedure,1973 (CrPC) the aggrieved party has certain reliefs he can claim in the interim period which can be classified into the following:
Bail
Bail which originates from the French word of Bailera which means to give away, refers to the practice of setting free the accused person until the verdict of the trial upon payment of a certain fee.
Bail can be further divided into three types which are as follows:
- Regular Bail: This bail is the standard bail used to release people who have been accused of crimes as per sections 437 and 439 of the CrPC.
- Interim Bail: This type of bail can be granted to the accused while the pendency of his regular bail or anticipatory bail application. It lasts for a very short duration. The reasoning for interim bail can be better understood using the following example:
In the caseofLal Kamlendra Pratap Singh v. State of U.P. and Ors, it was held that “In appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person’s reputation.[i] - Anticipatory Bail: This type of bail as per section 438 of the CrPC can be defined as bail that can be granted to accused people who may be arrested.
Bail is only granted to people who have been accused of bailable offenses as per section 437 of the criminal procedure code, 1973.
Transfer of Cases
To ensure maximum justice in the criminal trial system a system of transfers through appeals or due to other reasons had been put in place as per section 406 to 411 of the CrPC.
It enables the courts to ensure quick and fair justice and not delay the system.
The most common transfers of cases are as follows:
- Transfer of cases and appeals from the Supreme court. (Section 406)
- Transfer of cases and appeals from the High Court. (Section 407)
- Transfer of cases and appeals by the Sessions Judge. (Section 408)
- Withdrawal of cases or appeals by the Sessions Judge. (Section 410)
- Withdrawal of Cases by Judicial Magistrates. (Section 411)
- Making over or withdrawal of cases by Executive Magistrates. (Section 412)
On the whole, each of these circumstances has various conditions required to pass such transfer as per the CrPC.
Search Applications
As per section 97 of the CrPC If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offense, he may issue a search- warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
This means that a search warrant can be issued to locate any missing people who are wrongfully confined. These search warrants must comply with the provisions of sections 38, 70, 72, 74, 77, 78 and 79
This usage of search warrants can be understood better using the example of the case of K.H.Ismail Sherif v. Shri.C.B.Nijesh, s/o.Bhaskaran where The learned Magistrate has issued a warrant for the search and production of the 3rd petitioner on the allegation of the 1st respondent that she, his wife is being detained by petitioners 1 and 2 against her consent.[ii]
Application for Proper Jurisdiction
As per section 77, every offense shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Application for compelling cross-examining or re-examining a Witness
As per section 162, The accused party in order to help build his defense has the right to file an application to compel witnesses to testify before the court. If the judge denies this application he must give his reasons for doing so and additionally such applications can be denied if they are brought in to delay the proceedings hence defeating the ends of justice.
As per section 243, the accused has the right to cross-examine the witnesses upon application from the magistrate. The magistrate can deny this application if it is found to be called due to the purpose of vexation of time.
As per section 162, an application to re-examine witnesses can be filed but only for the purpose only of explaining any matter referred to in his cross-examination.
Application for Maintenance
As per section 125, if a person with sufficient means neglects to provide maintenance to his wife/legitimate or illegitimate minor children/elderly parents who are not able to maintain themselves, major children who have physical/mental handicaps, etc the magistrate of first-class upon proof of such neglect can order the father to pay maintenance to her upto 500rs. Per month or as the magistrate sees fit.
For example in the case of Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, the court held that 25% of the husband’s net salary would be just and proper as maintenance to wife.[iii]
Application for Suspension of Execution of Sentence
During the pendency of the accused’s sentence, the court can order the execution of the sentence or order appealed against be suspended upon the reasons being written. This power given to appellate courts can also be executed by the high court.
Application for Acceptance of Surety
As per section 121, the magistrate court has the right to accept or deny the surety offered, or previously offered by the accused on the grounds that the surety is unfit for the purposes of the bond. This aforementioned bond is a monetary sum put in by the sure to ensure that the accused will attend the hearing of the case even after being let out on bail.
Application for Custody of a Girl or Woman
According to section 98, upon information that a woman or minor girl has been abducted a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
Conclusion
From the above information, it is clear that the significance of interim application in respect to criminal cases is very significant, It enables the accused to request for interim order to help relieve him from the various burdens he can face and enables him to enjoy liberty until his court hearing has commenced. Additionally governed by the CrPC it performs many other functions that help to enable the judiciary to maintain justice and equity.
References:
[i] Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
[ii] Mail Sherif v. Shri.C.B.Nijesh, S/O.Bhaskaran – WP(C) No. 17 of 2007(B) [2007]
[iii] Kalyan Dey Chowdhury v. Rita Dey Chowdhury See Nandy MANU/SC/0457/2017
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