Supreme Court of India

State of Rajasthan v Balchand

AIR 1977 SC 2447; (1977) 4 SCC 30819771 min read
The case in brief30-second read
Facts
The respondent was convicted by the Sessions Court but acquitted by the High Court. After the State was granted leave to appeal against the acquittal, he surrendered as the Supreme Court Rules required and applied for bail.
Issue
What is the basic rule in deciding bail?
Held
Krishna Iyer J stated that the basic rule may be tersely put as bail, not jail, except where there are circumstances suggesting fleeing from justice, thwarting the course of justice, creating other troubles such as repeating offences, or intimidating witnesses. Bail was granted.
Principle
The basic rule is bail, not jail, subject to the risk of flight, obstruction of justice or repeated offences.
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Facts

  • The respondent was convicted by the Sessions Court but acquitted by the High Court. After the State was granted leave to appeal against the acquittal, he surrendered as the Supreme Court Rules required and applied for bail.

Issue

  1. What is the basic rule in deciding bail?

Held

  • Krishna Iyer J stated that the basic rule may be tersely put as bail, not jail, except where there are circumstances suggesting fleeing from justice, thwarting the course of justice, creating other troubles such as repeating offences, or intimidating witnesses. Bail was granted.

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Citation

State of Rajasthan v Balchand AIR 1977 SC 2447; (1977) 4 SCC 308

Reported: Supreme Court of India judgment, Crl. Misc. Petition Nos. 1424-1425 of 1977 (api.sci.gov.in, judis 5235); Indian Kanoon 8258. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.