The Punjab and Haryana High Court has made it clear that there is no provision for granting interim bail to an accused either under the Criminal Procedure Code (CrPC) or the Unlawful Activities Prevention Act (UAPA).
“There is no provision either in the CrPC or in the special statute, whereby this court is bestowed with any jurisdiction to grant any interim bail,” the Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari asserted.
The Bench also made it clear that the regular bail under Section 439 of the CrPC was the only bail provision applicable under the UAPA. “The provisions as occur in the CrPC, which but are applicable to the special statute concerned, do purvey a privilege to the accused to claim regular bail in terms of Section 439 of the CrPC,” the Bench asserted.