In Uttrakhand, now the accused of any crime will not have to go to the High Court for interim bail. The High Court has made Section 438 of the Indian Penal Code effective in the state.
After this order a person has got the right to seek interim bail from the lower courts also. Due to this the accused can get bail before going to jail.
In fact, all the states of the country have made Section 438 of the IPC effective, but Uttarakhand was not included in it. A Bench of Acting Chief Justice, Justice Rajiv Sharma and Justice Manoj Kumar Tiwari has passed this important order while accepting the special appeal filed against the single-order order.
Advocate Sanjay Bhatt said that till now the accused had to apply interim bail in the High Court to avoid arrest in any nature’s crime. Now, after the case is registered in the police, any accused can take interim bail by filing a petition in the lower court.