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september 1977

Supreme Court of India · 1977-09-20

STATE OF RAJASTHAN, JAIPUR vs BALCHAND @ BALIAY

Citation / case number
SC 1977/61849
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN, JAIPUR
Respondent
BALCHAND @ BALIAY
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that the fundamental principle regarding bail is 'bail, not jail', as per the guidelines established in criminal jurisprudence. The Court emphasized that bail should be granted unless there are compelling circumstances indicating a risk of fleeing from justice or other forms of obstruction. In this case, the petitioner, who had been on bail throughout the trial and had surrendered after the High Court's acquittal, was granted bail on monetary surety, with conditions to report to the police every fortnight, as there was no evidence of him being a flight risk or having abused the trust of the court.

STATE OF RAJASTHAN, JAIPUR vs BALCHAND @ BALIAY · Niyam