What is ‘Bail is rule, jail is exception’ principal, cited by SC while granting bail to Manish Sisodia? Let’s find out

Former Delhi deputy chief minister and Aam Aadmi Party leader Manish Sisodia finally walked free on a regular bail on Friday after 17 months in jail.

Sisodia, got multiple setbacks by lower courts during the last 17 months, but finally got bail as the Supreme Court reiterated the principle of ‘bail is the rule, and jail is an exception’.

Sharply criticising the lower courts, the apex court said, “As observed time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.” The bench of Justices BR Gavai and KV Viswanathan said, “It is high time trial courts, high courts recognise principle of bail is the rule and jail is an exception.”

The ‘bail is the rule, and jail is the exception’ principle was invoked in the 1977 landmark judgment of the ‘State of Rajasthan vs Balchand alias Baliya’ case.

The ruling emphasized that bail should be denied only in circumstances where there is a risk of the accused fleeing from justice, obstructing justice, repeating offenses, or intimidating witnesses. This concept has been cited in numerous cases since, reinforcing its importance in upholding personal liberty.

“The basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offenses or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. When considering the question of bail, the gravity of the offense involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court,” the 1977 bench said.

Why SC cited ‘bail is rule’ in Sisodia’s case

The Supreme Court emphasised that delay in trial and prolonged imprisonment are valid grounds for granting bail, even in cases under stringent laws like the Prevention of Money Laundering Act (PMLA). “Manish Sisodia is in custody for 17 months and trial has not yet commenced; this deprives his right to a speedy trial,” the top court said. “Right to speedy trial is a sacrosanct right… Bail cannot be opposed saying that the crime is serious. In matters of liberty, every day counts,” it added.

The CBI and ED had requested the Supreme Court to impose bail conditions similar to those applied to Delhi chief minister Arvind Kejriwal. However, the court rejected this plea, stating that each case needs to be treated on its own merits rather than applying uniform conditions across the board.

Instances when the court used for ‘bail is rule’ principle

The Supreme Court has consistently invoked this principle in various judgments. In 2011, the court granted bail to five accused in the 2G spectrum case, including Sanjay Chandra, while emphasizing that bail is the rule. Similarly, in 2019, the court granted bail to P Chidambaram in the INX Media case, despite the seriousness of economic offenses, affirming that the fundamental jurisprudence of bail remained unchanged.

In November 2020, the Supreme Court extended interim bail to journalist Arnab Goswami, highlighting the critical nature of personal liberty and the principle of bail as the norm.

CJI DY Chandrachud, in his address at the All India District Judges Conference in March, had voiced concerns about the declining adherence to this principle in lower courts. He emphasized the need for judges to prioritize personal liberty and adhere to the established legal standard.