Kejariwal Needs To Figure Out A Way To Avoid Going To Jail After Receiving An Interim Bail

Paromita Das

GG News Bureau

New Delhi, 13th May. Overwhelmed and a major boost to his party’s efforts to gather steam without its front-runner, Delhi Chief Minister Arvind Kejriwal and his convoy departed from Tihar Jail on Friday night, just hours after the Supreme Court granted him temporary release from custody in a money laundering case so he could run in the Lok Sabha elections. His wife Sunita Kejriwal, daughter Harshita, and AAP Rajya Sabha MP Sandeep Pathak accompanied him.

The court said he will surrender on June 2, the day after the final phase of the seven-phase poll, and set him free for 21 days to canvass for the remaining phases of the Lok Sabha elections after 50 days in custody in the money laundering case related to the alleged Delhi excise scam.

What action will Kejriwal take next?

Arvind Kejriwal must turn himself in at Tihar Jail on June 2 in accordance with the Supreme Court’s ruling. But it is widely presumed that he will abruptly collapse on any stage and do the play of fainting three to four days before June 1st, that is, after May 27–28. The Supreme Court would thereafter be informed by him of his dire health. His sugar level has skyrocketed. For treatment purposes, he ought to be able to avoid jail time for a little while longer.

This is something else entirely; it’s not an interim bail

Saying that Arvind Kejriwal has been granted temporary bail is utterly false. It is to create ambiguity. The nation’s top attorney ought to dispute this. If Kejriwal had petitioned the court for relief under Section 439 of the Criminal Procedure Code (CrPC), he would have been granted interim bail.

The process is to file an application for bail up until the point where the police are unable to finish their investigation. Alternatively, the case diary—rather than the whole set of evidence—has not arrived. Thus, the judge sets temporary bail. When one receives interim bail, he is released from custody right away. He will have to surrender when the final bail argument occurs in a few days. It will then be decided if this temporary bail will be converted to permanent bail or if he will be sent back to jail. This is a temporary bail.

Arvind Kejriwal might have been granted a brief interim bail if he had submitted an application under the Criminal Procedure Code (CrPC) sections that handle bail applications.

However, Arvind Kejriwal had appeared in court, claiming that my detention or imprisonment was unlawful. Arvind Kejriwal had applied to the Supreme Court, claiming that his arrest was unjustified. Utilizing innate power

Under unusual circumstances, the Honorable Supreme Court used its inherent authority to grant Kejriwal a 20-day parole period.

What is Parole?

When someone is granted parole, they are temporarily freed from jail with certain restrictions, such as having to return on that particular day and at this hour. Interim bail does not require you to return to custody at a specific time or after a specific amount of time. You must appear in court for the final hearing on this day in order to receive temporary bail. The Supreme Court gave Kejriwal a verbal smack in the face, declaring him a technically suspended Chief Minister. After being released from jail, he is unable to perform your official tasks. It is technically incorrect for Kejriwal to go and take the Chief Minister’s office chair.

Kejriwal, a suspended Chief Minister

Kejriwal held the position of Chief Minister while incarcerated. However, he would be like a Chief Minister on suspension throughout his 21-day parole period. It is not possible to compare Kejriwal’s release to that of Sanjay Singh. Sanjay Singh was released on bond and is subject to the conditions of the bail. Kejriwal is granted immediate freedom, temporary freedom, and temporary relief parole, which allows him to go out and do the job before returning. Interim bail and parole are two very different things. The individual appears in court for the closing arguments following his interim release. Following his release from prison, a man reports. The differences are quite significant.

How is Kejriwal going to handle any illness drama in the final two or two and a half days before June 1st? It’s possible that he will faint at some point and go to the hospital to be admitted.

The truth of the situation is that the Supreme Court has taken a “step beyond.” The Court has used its innate authority and extraordinary powers have been applied.

It is not a temporary bail that Kejriwal has been granted. Not even had he requested bail. Parole is the sole clue that he will be free until June 1. Now, we need to keep a watch on the reports that Kejriwal would suddenly get sick before June 1 and then request to be released from jail due to medical emergencies.