In the high-stakes world of criminal litigation, time is the most critical factor. When an individual faces the threat of arrest or is already in custody, waiting weeks for a final bail hearing isn’t always an option. This is where Ad-interim and Interim Bail serve as essential legal lifelines.
What is Interim Relief?
In legal terms, “interim” means “in the meantime.” Both Ad-interim and Interim bail are temporary release orders granted by a court while the main bail application (either Regular or Anticipatory) is still pending a final decision.
1. Ad-interim Bail: The Initial Shield
Ad-interim bail is usually granted at the very first hearing of a bail application.
- The Scenario: You file for Anticipatory Bail. The court cannot decide the matter today because it needs to hear the Public Prosecutor’s side and examine the Case Diary.
- The Protection: To ensure the police don’t arrest you before that next hearing, the Judge grants “Ad-interim” protection. It is essentially a stay on arrest until the court can look at the merits of the case.
2. Interim Bail: The Compassionate Window
Interim Bail is often granted for a specific, limited duration during the trial or while a main bail plea is being processed.
- The Scenario: An accused is in jail, but a family member passes away, or the accused requires urgent surgery that the jail hospital cannot provide.
- The Condition: The court releases the person for a fixed period (e.g., 15 days), after which they must voluntarily surrender back to the authorities.
Comparison: Ad-interim vs. Interim Bail
| Feature | Ad-interim Bail | Interim Bail |
| Timing | Granted at the very first stage/mentioning. | Granted at any stage of the proceedings. |
| Primary Goal | To maintain the status quo until the next hearing. | To address an urgent, temporary necessity. |
| Duration | Usually until the “returnable date” (next hearing). | A specific number of days/weeks (e.g., 2 weeks). |
| Nature | Procedural safeguard. | Discretionary relief based on hardship. |
Ground Rules for Seeking Temporary Bail
To successfully secure these orders, the petitioner usually needs to demonstrate:
- No Flight Risk: Evidence that the person will not abscond.
- Urgency: A clear reason why relief cannot wait for a full hearing (e.g., medical documents or wedding invitations).
- Cooperation: A promise to join the investigation whenever called by the police.
Draft Template: Application for Interim Bail
Note: This template is for an application based on medical grounds. It should be filed alongside the main bail petition.
IN THE COURT OF THE [NAME OF THE COURT, e.g., SESSIONS JUDGE], AT [CITY]
Bail Application No. ____ of 2026
In the matter of:
[Your Name/Accused Name] … Petitioner
Versus
The State of [State Name] … Respondent
APPLICATION FOR GRANT OF INTERIM BAIL ON MEDICAL GROUNDS
Most Respectfully Showeth:
That the Petitioner is currently [in custody/seeking anticipatory bail] in connection with FIR No. [Number] registered at P.S. [Station Name] under Sections [List Sections].
That the main bail application of the Petitioner is pending before this Hon’ble Court and is likely to take time for final adjudication.
That the Petitioner is suffering from [Name of Medical Condition, e.g., Acute Renal Failure], which requires specialized treatment and constant monitoring not available in the current facility.
That the Petitioner has attached the relevant medical reports and recommendations from [Hospital Name] as Annexure-A.
That the Petitioner undertakes to abide by all conditions imposed by this Court and will not tamper with evidence or influence witnesses.
Prayer:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to grant Interim Bail to the Petitioner for a period of [Number of Days] to enable him/her to undergo necessary medical treatment, in the interest of justice.
Place: [City]
Date: [Current Date]
[Signature]
Advocate for the Petitioner