Why in news
After 17 months behind bars, former Deputy Chief Minister of Delhi and Aam Aadmi Party (AAP) leader Manish Sisodia was released on bail by the Supreme Court.
His release comes as a result of the apex court’s reaffirmation of the legal principle: Bail is the rule, and jail is the exception
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Bail as a right
Bail is a legal principle aimed at ensuring that a person is not unduly punished before a trial.
It helps prevent unnecessary pre-trial detention, which can be detrimental to a person’s life and liberty.
Judges should adhere to the principle that bail is a right and avoid using denial as a means of punishment.
Prolonged trial delays should not automatically result in bail denial; the right to bail should be protected even in such circumstances.
Ensuring fair treatment and timely trials is essential for upholding the rule of law and human rights
Bail should only be denied if there is a risk that the suspect might flee, tamper with evidence, or influence witnesses
Misuse of bail denial
The misuse of bail denial for political or punitive reasons can erode confidence in the justice system and its impartiality.
Courts should reassess bail applications if there are delays in the trial process, as illustrated by the Supreme Court's approach to Manish Sisodia’s case.
Supreme Court rulings set important precedents for how bail should be handled, reinforcing the need to avoid misuse.
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