'Bail is rule & jail an exception applies even to offences under special statutes like PMLA'

In a landmark decision on Tuesday, the Supreme Court reaffirmed the legal principle that “bail is the rule and jail is an exception,” even in cases involving special statutes like the Unlawful Activities (Prevention) Act (UAPA).

The ruling came as the court granted bail to a man accused of harbouring suspected terrorists.

Justices Abhay S Oka and Augustine George Masih, comprising the bench that heard the case, emphasised that courts should not hesitate to grant bail when a case for it has been made, regardless of the severity of the prosecution’s allegations.

“The duty of the Courts is to consider the case for grant of bail in accordance with the law,” the bench stated. The court clarified that this principle applies even in cases involving stringent bail conditions, such as those under the UAPA.

In such instances, the rule remains applicable with the modification that bail can be granted if the statutory conditions are met.