Telangana HC Rules Interim Bail Allowed Under BNSS, Criticises Prosecution

The Telangana High Court in Hyderabad sharply criticised the State Prosecution Department on Wednesday for delays in filing counters in bail matters before the district judiciary, observing that such delays could adversely affect the personal liberty of citizens.

Justice J. Srinivas Rao questioned why the police and prosecution require extended time to respond to bail applications, especially in cases not involving heinous offences or terrorism. The judge ruled that interim bail is permissible under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and directed the trial court to reconsider a plea that had been dismissed mechanically.

The High Court was hearing a quash petition seeking to set aside an order by the Metropolitan Sessions Judge's Court in Hyderabad. The lower court had dismissed an interim bail plea after holding that the BNSS contains no provision for granting interim relief.

The petitioner, Shaik Abdul Samad, had filed for regular bail before the Sessions Court. While that application remained pending, he sought interim bail on the grounds that his wife was pregnant and expected to deliver within days. However, the trial court dismissed the request citing the absence of a specific BNSS provision.

Counsel SK Ashraf, appearing for the petitioner, informed the High Court that the main bail application was stalled while awaiting the prosecution's counter. Ashraf submitted that the delivery could take place before the regular bail application is heard, adding that the petitioner's wife required her husband's support and assistance.

Taking note of the submissions, Justice Rao stated that the trial court acted mechanically and clarified that Section 483 of the BNSS permits the granting of interim bail. The judge directed the trial court to reconsider the bail application on Thursday or a subsequent day and decide the matter on its merits.