THE Supreme Court of India is always clear that decisions regarding bail are not to be considered mini-trials on the merits of the case. This salutary principle is based on the principle of fair trial and avoidance of trial by the media. This was recently reiterated by the Court in Dilip K. Basu (2015) and NHRC v State of Gujarat (2010). Free and fair trial decisions constitute the very basic “jural postulates of a civilized society” (as Dean Roscoe Pound reminded us constantly).
Justices R Banumathi, AS Bopanna and Hrishikesh Roy make it clear (in the latest Chidambaram case on October 22, 2019) that any reference to the merits of the matter in the bail judgment shall be construed as an “expression of opinion only for the limited purpose of considering the regular bail in CBI case and shall not have any bearing in any other proceeding”. This reiteration upholds the principle of free and fair trial. At the same time, in a rather refreshing departure from some prior decisions, the present pronouncement signifies that the law of the land now requires the highest constitutional discipline and responsibility from all investigative and enforcement agencies as well as by lawyers representing the government. Vague and general statements, unsupported by material evidence, on behalf of the prosecution or investigation will no longer defeat the grant of a “regular” bail.
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