The Supreme Court recently held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian Unlawful Activities Prevention Act or UAPA which punishes terror acts.
- The apex Court, while granting bail to a man accused of harbouring suspected terrorists said that the legal principle “bail is the rule and jail is an exception” applies even to offences under special statutes like the Unlawful Activities (Prevention) Act.
- The court further said that refusing bail to one who deserves it merely on the ground that the offence is serious would be a violation of the accused’s fundamental right to life and due procedure under Article 21 of the Constitution.
- ‘Bail is rule, jail is an exception’ is a legal principle that was first laid down by the Supreme Court in a landmark judgement of State of Rajasthan v. Balchand alias Baliya in 1978. The judgement was based upon several rights that have been guaranteed by the Constitution of India with Article 21 being the most important one.
