In Brief
This Supreme Court judgment issued comprehensive guidelines for bail at different criminal trial stages to honour the constitutional principle that bail is the rule and jail the exception. The Court categorised offences (A: ≤7 years, not arrested; B: death/life/7+ years; C: special acts with stringent provisions; D: economic offences) and held that arrest requires necessity, not mere lawfulness. Courts must issue summons before bailable then non-bailable warrants. Delay in investigation, trial, and appeal are strong factors favouring bail. Default bail under Section 436A is indefeasible. The judgment mandates strict compliance with Section 41/41A procedures, prompt bail disposal (2 weeks), reasonable bail conditions, and strict recording of reasons. It emphasises that personal liberty is paramount and courts must guard against weaponising criminal law.
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