BAIL IS RULE AND JAIL IS EXCEPTION - Synopsis
Kartik Bhardwaj 20 Mar 2020

In 2012 a forgery case against the accused was filed. In 2013 the police filed closure report. Nevertheless, a Judicial Magistrate ordered further investigation five years later. Afterwards he was arrested in January 2019. His first bail application was rejected before the Madhya Pradesh High Court. The second was denied as withdrawn.

The police, meanwhile, re-investigated the case and issued a second report claiming that the appellant had committed no crime and that he deserved to be released. The accused filed another bail application before High Court after filing this closure report on the grounds that the Trial Court did not consider the second closure report and that the appellant failed to point out whether relevant witnesses were investigated or not.

While allowing the appeal filed by the accused, the bench of CJI SA Bobde, Justices BR Gavai and Surya Kant, said:

"The High Court ought to have kept in view that `Bail is rule and jail is exception'. There is no gainsaying that bail should not be granted or reject in a mechanical manner as it concerns the liberty of a person. In peculiar circumstances of this case where closure report was filed twice, the High Court ought not to have declined bail only because the trial court was yet to accept the said report. Further, the examination of witnesses would depend upon the fate of 2nd closure report. Considering the nature of allegations attributed to the appellant and the period he has already spent in custody, we are satisfied that he deserves to be released on bail forthwith."

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