Supreme Court: Bail rule, jail exception

New Delhi, August 9

The Supreme Court on Friday lamented that over a period of time, trial courts and High Courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment. “From our experience, we can say that it appears that trial courts and High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach,” said a Bench led by Justice BR Gavai while granting bail to former Deputy CM Manish Sisodia. “On account of non-grant of bail even in straight-forward open-and-shut cases, this court is flooded with a huge number of bail petitions, adding to pendency. It is high time that the trial courts and high courts recognise the principle that “bail is the rule and jail is the exception,” said the Bench, which also included Justice KV Viswanathan.

“As observed time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial,” it said. — TNS