In which of the following cases the Supreme Court of India opined that "bail is the surety and jail is an exception"?
Show Hint
- Joginder Kumar Vs State of U.P.
- Moti Ram Vs State of M.P.
- Maneka Gandhi Vs Union of India
- State of W.B. Vs D.K. Basu
The Correct Option is B
Solution and Explanation
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.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
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