‘Bail rule, jail exception’ principle forgotten in recent previous, says CJI Gavai | India News

NEW DELHI: Chief Justice of India B R Gavai lamented that in the recent previous, the principle of “bail is the rule, and jail is the exception” has been forgotten. Though judicial pronouncements over the many years have built-in this norm, it has not been carried out in true spirit in recent years, he stated. Delivering the Justice V R Krishna Iyer Memorial Law Lecture in Kochi on Sunday, the CJI stated he tried to reestablish the principle whereas granting bail in numerous instances, paving the way in which for top courts and decrease courts to comply with go well with. “I am happy to state that I had the opportunity in the last year, 2024, to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavita vs ED,” Justice Gavai stated. Justice Iyer’s contribution was immense in defending the rights of marginalised communities, he stated. The SC in recent years handed a collection of orders to guard the rights of undertrial prisoners and held that delay in trial and lengthy incarceration have been grounds to grant bail even in critical offences underneath the PMLA and the UAPA, A, regardless of stringent bail situations underneath the particular legal guidelines. It opened the gate for bail to accused in cash launder- ing and illegal actions instances. The CJI additionally recalled Justice Iyer’s robust opposition to undertrials being stored in jail for lengthy intervals with out trial. In an essential ruling in Aug final 12 months, SC had held that the traditional thought of “bail is the rule, jail is an exception” ought to be relevant not solely to IPC offences but in addition to different offences for which particular statutes have been enacted, comparable to UAPA, if the situations prescribed underneath that legislation are fulfilled. SC in its numerous orders had appealed to HCs and decrease courts to be liberal in granting bail and requested them to not hesitate in granting the aid in critical offences additionally if a case is made out for bail.