Bail is rule, jail an exception, but not absolute: Supreme Court

A bench of Justices pointed out that the principle serves as a guiding factor while considering bail pleas, particularly in serious offences like murder and conspiracy.

New Delhi: The Supreme Court has emphasised that “bail is the rule and jail is the exception” remains a cardinal principle of bail jurisprudence in India, but clarified that it is not an absolute rule and must be applied alongside the facts of each case and statutory provisions.

A bench of Justices Dipankar Datta and Satish Chandra Sharma pointed out that the principle serves as a guiding factor while considering bail pleas, particularly in serious offences like murder and conspiracy.

The court noted that Section 437(1) of the CrPC restricts grant of bail where there are reasonable grounds to believe the accused has committed an offence punishable with death or life imprisonment.

The bench observed that the cardinal rule must be balanced with several factors, including the prima facie case, gravity of the offence, nature of evidence, antecedents of the accused, their specific roles, parity among co-accused, delay in trial, age, and medical conditions.

"Bail may be refused in heinous and premeditated crimes where there is apprehension of tampering with evidence, influencing witnesses, or the accused fleeing from justice" the bench said.

The June 1, 2026 ruling came while hearing bail pleas filed by Sheikh Mehmood and others in a murder case stemming from a land dispute in Jammu.

According to the complaint filed by Jagir Singh on April 30, 2024, at Police Station Gangyal, several persons allegedly attempted to dispossess his brother Balbir Singh of a 33-marla plot in the Greater Kailash (Chowadi) area.

The accused, along with others, attacked Balbir Singh and his son Avtar Singh. Avtar Singh later succumbed to his injuries, leading to the addition of Sections 302 (murder), 506 (criminal intimidation), and 120B (criminal conspiracy) to the FIR, which initially invoked Sections 307, 323, 447, and 147 of the IPC.

All the main accused were arrested on May 3, 2024. A total of 12 persons were arrested during investigation. The chargesheet includes CCTV footage, call records, and eyewitness accounts, with the prosecution proposing to examine 44 witnesses.

Senior advocate Sidharth Luthra, appearing for 73-year-old Sheikh Mehmood, argued that no eyewitness had attributed any overt act to him and his presence at the spot was not established by the CCTV footage. Similar contentions were raised for co-accused Ravinder Kumar Gupta alias Gola Shah.

The bench, after hearing all parties, held that prima facie it was not a case of no overt act or absence of material linking the death to conspiracy and common intention.

It said rejection of bail would normally follow in such circumstances.

However, considering the advanced age of Sheikh Mehmood and Ravinder Kumar Gupta — both in their seventies — and the fact that one of them required regular medical care while evidence against the other was somewhat inconsistent, the court granted them bail.

The two have been directed to be released on furnishing bail bonds to the satisfaction of the trial court, subject to conditions that ensure the trial proceeds without hindrance.

The court rejected the bail pleas of the other accused — Parshottam Singh, Suraj Singh, Vikas Singh, and Sandeep Charak — at this stage. It urged the Sessions Judge to expedite the trial and make every effort to complete the recording of prosecution evidence by the end of March 2027, after which the rejected applicants may renew their bail pleas.