The Impressive TimesNew Delhi : The Supreme Court’s recent judgment granting bail to Manish Sisodia, former Deputy Chief Minister of Delhi, has reinvigorated a crucial legal principle: “bail, not jail, is the rule.” This principle, articulated by Justice Krishna Iyer in 1977, emphasizes that pre-trial detention should be the exception rather than the default in the judicial process.
In its ruling, the Supreme Court instructed High Courts and trial courts to avoid a conservative approach of automatically denying bail in cases where it is warranted. The Court criticized the tendency of some lower courts to deny bail in straightforward cases, arguing that such practices undermine the principle that bail should be granted unless there are compelling reasons for detention.
The decision highlights the Court’s commitment to ensuring that bail is granted as a fundamental right, aligning with the long-established principle that individuals should not be kept in custody without substantial justification. This ruling is particularly significant in economic offense cases, where the principle of bail should apply as a matter of course unless specific circumstances suggest otherwise.
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