Bail, not jail

The apex court again lays down rules.

While granting bail to five corporate executives, all of them accused in the 2G spectrum allocation scam, the Supreme Court of India on Wednesday laid down that the discretionary jurisdiction of the court must be exercised with great care. A division bench comprising Justice G S Singhvi and Justice H L Dattu reiterated that “bail is the rule and committal to jail an exception” before ruling that the right to bail “is not to be denied merely because of the sentiments of the community against the accused”. Jurisprudence has normally frowned upon imprisonment during trial. An accused is never presumed to be guilty until he is convicted. ‘Bail, not jail’, therefore, is the principle followed by the courts.

 

In recent years, trial courts and even the higher judiciary have appeared to favour detention during trial. The Additional Solicitor-General appearing on behalf of the CBI also argued that no bail should be granted in ‘corruption cases’. It is a dangerous argument because there would be no need for a trial if the charge-sheet itself is assumed to be conclusive evidence of guilt. It is high time trial courts started applying their mind more judiciously instead of mechanically rejecting applications for bail.

The Tribune, November 25