Principle Bail Is A Rule & Jail Is An Exception Is In Line With Article 21 Of Constitution; It Guarantees Right...
📝 Constitutional Foundation
Article 21 of the Constitution of India guarantees:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The principle of bail as a rule and jail as an exception flows from this constitutional mandate.
Bail ensures that a person’s liberty is not curtailed unnecessarily before he is proven guilty, since presumption of innocence is a fundamental principle of criminal jurisprudence.
⚖️ Principle Explained
Presumption of Innocence:
An accused is presumed innocent until proven guilty. Detaining him before conviction amounts to pre-trial punishment, which is against Article 21.
Liberty vs. State’s Interest:
The courts must strike a balance between the individual’s right to liberty and the interest of society in ensuring justice.
Unless there are strong reasons (likelihood of absconding, tampering with evidence, influencing witnesses, or committing further offences), bail should be granted.
Preventive Detention v. Punitive Detention:
Bail jurisprudence ensures that preventive detention does not become punitive detention, unless law and facts demand it.
📜 Landmark Case Laws
State of Rajasthan v. Balchand (1977) 4 SCC 308
Justice V.R. Krishna Iyer laid down the famous principle:
“Bail is the rule and jail is the exception.”
Pre-trial detention should not become punishment.
Gudikanti Narasimhulu v. Public Prosecutor, (1978) 1 SCC 240
The Supreme Court held that bail decisions must balance the right to liberty with the interests of justice.
Emphasized the importance of Article 21 in bail jurisprudence.
Hussainara Khatoon v. State of Bihar (1979) AIR SC 1369
SC highlighted plight of undertrial prisoners languishing in jails due to inability to furnish bail.
Recognized right to speedy trial as part of Article 21.
Sanjay Chandra v. CBI (2012) 1 SCC 40
Bail granted in 2G scam case.
Court reiterated that the object of bail is to secure appearance at trial, not to detain unnecessarily.
Satender Kumar Antil v. CBI (2022) 10 SCC 51
SC issued detailed guidelines for granting bail, reaffirming that personal liberty cannot be sacrificed at the altar of preventive detention unless warranted.
🏛️ Judicial Trend
Courts have repeatedly emphasized that denial of bail should be an exception and must be based on valid reasons such as flight risk, threat to witnesses, or gravity of offence.
Routine rejection of bail applications is seen as contrary to Article 21.
🔑 Key Takeaways
Bail is a rule; jail is an exception → directly linked with Article 21 (Right to Life & Personal Liberty).
Accused should not be punished before conviction; bail protects the presumption of innocence.
Courts must give reasons for denying bail, ensuring that denial is not mechanical but based on necessity.
👉 In short: Grant of bail is the norm and its denial must be justified by compelling reasons, else it violates Article 21 of the Constitution.
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