Bail is the Rule, Jail is the Exception: A Legal Perspective with Reference to Recent Supreme Court Rulings in PMLA Case.
Introduction Bail is a fundamental legal concept, deeply rooted in the principles of justice and human rights. It serves as a safeguard against arbitrary detention and ensures that an accused person can maintain their liberty while awaiting trial. The maxim "Bail is the rule, jail is the exception" encapsulates the essence of this principle, emphasizing that the norm should be the release of an accused person on bail, with detention being a last resort. In recent years, the interpretation and application of bail have come under scrutiny, particularly in cases involving serious offenses under laws such as the Prevention of Money Laundering Act (PMLA). The Supreme Court of India has played a crucial role in clarifying the jurisprudence around bail, reaffirming the importance of personal liberty even in cases involving grave economic offenses. This article delves into the concept of bail, the nature of PMLA offenses, and the evolving jurisprudence around bail, with a focus on a ...