Question

In which of the following cases the Supreme Court of India opined that "bail is the surety and jail is an exception"?

• A. Joginder Kumar Vs State of U.P.
• B. Moti Ram Vs State of M.P.
• C. Maneka Gandhi Vs Union of India
• D. State of W.B. Vs D.K. Basu

Hint:

Bail is a fundamental right linked to Article 21 — personal liberty.

Answer 1

The Correct Option is B

Step 1: Principle of bail.
The Supreme Court has emphasized that bail is the rule and jail is an exception. This principle ensures that liberty of individuals is protected, and pre-trial detention should not be the norm.

Step 2: Landmark judgment.
In Moti Ram v. State of Madhya Pradesh (1978), Justice V.R. Krishna Iyer highlighted that the poor should not be denied bail due to inability to furnish surety. The judgment stressed that bail should be granted liberally.

Step 3: Analysis of options.
- (A) Joginder Kumar: Deals with arrest guidelines.
- (B) Moti Ram: Correct, established principle of bail as a right.
- (C) Maneka Gandhi: Concerns right to travel under Article 21.
- (D) D.K. Basu: Deals with custodial death guidelines.

Step 4: Conclusion.
Hence, the correct case is Moti Ram v. State of M.P.