Manish Sisodia Out On “Bail is the Rule, and Jail is the Exception” But What is It ? – Explained

After spending 17 months in jail, former Delhi Deputy Chief Minister Manish Sisodia was granted regular bail by the Supreme Court. His release was marked by emotional scenes outside Tihar jail, where he was welcomed by party leaders and supporters. Sisodia, visibly moved, expressed gratitude to Ambedkar and the Constitution for his freedom.

The Supreme Court’s decision to grant bail was grounded in the principle that “bail is the rule, and jail is the exception.” This principle, emphasized by the Court, underscores that bail should generally be granted unless there are specific reasons for denial, such as risks of fleeing justice, obstructing the legal process, or committing further offenses. The Court criticized the lower courts for prolonged detention without trial, affirming that such delays undermine personal liberty.

The principle of “bail is the rule, and jail is the exception” was first articulated in the 1977 ‘State of Rajasthan vs Balchand alias Baliya’ case. This landmark judgment established that bail should be denied only when there are substantial reasons to believe the accused might evade justice or disrupt proceedings.

In cases involving the Prevention of Money Laundering Act (PMLA), securing bail is more complex due to stringent conditions introduced by the 2018 amendment. Under Section 45(1) of the PMLA, an accused must first provide the public prosecutor an opportunity to oppose the bail application, and the court must be convinced of the accused’s likely innocence and non-recidivism. This places a heavier burden on the accused, making bail harder to obtain.

The Supreme Court emphasized the need for a timely trial and the right to a speedy trial as crucial in Sisodia’s case. The Court dismissed requests to impose bail conditions similar to those for Delhi Chief Minister Arvind Kejriwal, stating that each case must be considered on its own merits.

This principle of bail has been reiterated in various Supreme Court judgments, including the 2011 2G spectrum case and the 2019 INX Media case, as well as the 2020 interim bail granted to journalist Arnab Goswami. Chief Justice DY Chandrachud has highlighted concerns about declining adherence to this principle in lower courts, calling for judges to prioritize personal liberty and uphold established legal standards.