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5. An order granting bail to a person facing prosecution under the specified offences under the NDPS Act must abide and confirm the said ratio. It should satisfy the positive conditions in Section 439 of the Code and also the negative stipulations of Section 37 of the NDPS Act. The question which would still arise is whether the term 'bail' used in Section 37 of the NDPS Act would include "interim" bail and, therefore, by necessary implication "interim" bail cannot be granted unless the negative stipulations in Section 37 of the NDPS Act are not satisfied. Is "interim" bail different from regular bail? And whether requisites of Section 37 would equally apply and bind a Court when it considers a prayer for grant of "interim" bail?

8. In Mukesh Kishanpuria Vs. State of West Bental, (2010) 15 SCC 154, the Supreme Court pronounced that a detainee may apply for regular bail before the concerned Court and along with the said application may file an application for interim bail, pending disposal of the regular bail application. In this context, it was observed that the power to grant regular bail includes the power to grant interim bail, pending final disposal of the regular bail application. This power lies inherent with the Court particularly in view of Article 21 of the Constitution.

11. We are conscious and aware of the fact that the expression „bail‟ and "parole" have different connotations in law. Parole does not amount to suspension of sentence or stay of conviction. There are appropriate observations by a Division Bench of this Court in the order dated 19.12.2011 in WP(C) No.5128/2011 Rajesh Kumar vs. Govt. of NCT of Delhi and Anr.. This decision notices the legal effect and nuances of bail, parole and furlough. At the same time, in effect, we should accept that bail, suspension of sentence, parole or furlough involves release of the person from detention or custody. The Division Bench has observed that when an appeal of a convict is pending, it is always open for him to seek suspension of sentence or interim bail on the grounds provided for regular bail and the High Court can take those grounds into consideration.

17. The expression "interim" bail is not defined in the Code. It is an innovation by legal neologism which has gained acceptance and recognition. The terms, "interim" bail /"interim" suspension of sentence, have been used and accepted as part of legal vocabulary and are well known expressions. The said terms are used in contradistinction and to distinguish release on regular bail during pendency of trial or appeal till final adjudication. Applications for "interim" suspension or bail are primarily moved and prayed for, when the accused or convict is not entitled to or cannot be granted regular bail or suspension of sentence, or the application for grant of regular bail is pending consideration and is yet to be decided. "Interim" bail entailing temporary release can be granted under compelling circumstances and grounds, even when regular bail would not be justified. Intolerable grief and suffering in the given facts, may justify temporary release, even when regular bail is not warranted. Such situations are not difficult to recount, though making a catalogue would be an unnecessary exercise.