Justice Reconsidered: The Landmark Principle of 'Bail is Rule, Jail is Exception'

The principle 'bail is rule, jail is exception,' established by the Supreme Court in 1977, remains significant but is often breached in practice. Numerous under-trial prisoners await bail, including high-profile individuals. The apex court has repeatedly emphasized this principle, stressing the importance of personal liberty in ensuring fair trials.

The legal principle 'bail is rule, jail is exception,' first articulated by the Supreme Court nearly 47 years ago, played a pivotal role in the recent bail granted to senior AAP leader Manish Sisodia.

This precedent, established in the 1977 'State of Rajasthan vs. Balchand alias Baliya' case, has been cited in countless cases, underscoring its importance. However, NCRB data reveals a significant number of under-trial prisoners in India, totaling 4,34,302 as of December 31, 2022, including notable figures like Delhi CM Arvind Kejriwal and others.

The Supreme Court reiterated this principle in a 2011 verdict granting bail in the 2G spectrum case and in its 2019 decision involving P Chidambaram. Despite the principle's long-standing status, Chief Justice D Y Chandrachud recently expressed concern over its diminishing application in district courts. The court highlighted this issue in Sisodia's bail verdict, urging adherence to the principle.