Telangana High Court Rules Interim Bail Permissible Under BNSS Section 483

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

Justice J. Srinivas Rao held that the grant of interim bail is permissible under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The ruling came while the judge was dealing with a quash petition challenging an order passed by the Metropolitan Sessions Judge’s Court at Hyderabad, which had previously dismissed an interim bail plea on the grounds that the BNSS lacked a specific provision for it.

The petitioner, Shaik Abdul Samad, had approached the Sessions Court seeking regular bail. Pending the outcome of the regular bail application, Samad sought interim bail on the grounds that his wife was heavily pregnant and expected to deliver within days. The trial court dismissed the interim request, ruling that the BNSS contained no provision for interim relief.

During the High Court hearing, counsel SK Ashraf, appearing for the petitioner, submitted that the regular bail application remained pending because the prosecution had not yet filed its counter. The counsel argued that the petitioner's wife required her husband's assistance and support, and the delivery could occur before the regular application was heard.

Justice Rao questioned why the police and prosecution require excessive time to file responses in bail applications, especially in cases that do not involve heinous offences or terrorism. Observing that the trial court acted mechanically, Justice Rao directed the trial court to reconsider the bail application on Thursday or on a subsequent day and decide the matter on its merits.