Context:
In a significant reaffirmation of constitutional criminal jurisprudence, the Supreme Court of India strongly criticised the practice of denying bail to undertrial prisoners merely to give them a “taste of imprisonment”. The observation came while granting bail in the high-profile ₹34,000-crore DHFL bank fraud case, highlighting concerns over prolonged pre-trial detention.
Key Highlights:
- Judicial Principles and Constitutional Values
- The Court reiterated the foundational principle that “bail is the rule and jail is the exception”.
- It emphasised the presumption of innocence, which remains operative until guilt is proven after a fair trial.
- Denial of bail as a punitive measure was held to be contrary to constitutional guarantees.
- Case-Specific Observations
- Bail was granted to Kapil Wadhawan and Dheeraj Wadhawan, accused in the DHFL fraud case.
- The Court held that pre-trial detention cannot substitute punishment, especially when trials are delayed.
- Limits of Pre-Trial Detention
- Courts must intervene when custody becomes disproportionate, excessive, or arbitrary.
- An undertrial may be denied bail only if there is a demonstrable risk of:
- Threat to society,
- Tampering with evidence or influencing witnesses, or
- Flight risk.
- Burden on the Prosecution
- The onus lies on the prosecution to justify continued incarceration.
- The Court cited earlier rulings holding that when timely trial is not feasible and incarceration is prolonged, bail should ordinarily follow.
- Agencies and Stakeholders
- The case originated from a complaint by Union Bank of India.
- Investigation was conducted by the Central Bureau of Investigation.
Relevant Prelims Points:
- Undertrial: A person in judicial custody whose trial is pending.
- Presumption of Innocence: Core principle of criminal law protecting individual liberty.
- Bail: Conditional release of an accused pending investigation or trial.
- Article 21: Protection of life and personal liberty; includes the right to a speedy trial.
Relevant Mains Points:
- Prolonged undertrial detention undermines rule of law, human rights, and criminal justice credibility.
- Overcrowded prisons in India largely consist of undertrial prisoners, raising social justice concerns.
- Judicial insistence on bail safeguards personal liberty while balancing societal interests.
- Way Forward:
- Strengthen speedy trial mechanisms and judicial capacity.
- Develop clear bail guidelines to ensure uniform application across courts.
- Expand use of technology and case management systems to reduce delays.
UPSC Relevance
- GS 2: Judiciary, fundamental rights, criminal justice system
- GS 2 (Social Justice): Rights of undertrials, access to justice