Case: Satender Kumar Antil v. Central Bureau of Investigation & Anr.
Citation: (2022) 10 SCC 51**
The Hon’ble Supreme Court of India in the landmark judgment of Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51, once again strengthened the constitutional protection of personal liberty by reiterating that “bail is the rule and jail is the exception.”
The case arose in the backdrop of concerns regarding unnecessary arrests, prolonged custody of accused persons and the growing number of undertrial prisoners in India. The Supreme Court examined the manner in which arrest powers were being exercised by investigating authorities and the approach adopted by courts while deciding bail applications.
The Court observed that merely because an investigating agency possesses the power to arrest, it does not mean that arrest must be made in every case. Arrest should be based upon necessity and should not become a routine practice. The Court emphasised that personal liberty under Article 21 of the Constitution of India cannot be curtailed without following a fair, reasonable and lawful procedure.
The Supreme Court further held that courts must consider factors such as the nature of allegations, cooperation of the accused during investigation, possibility of tampering with evidence and likelihood of fleeing from justice before denying bail. The seriousness of allegations alone cannot justify indefinite imprisonment before conviction.
The judgment also highlighted the issue of overcrowding of prisons and reminded authorities that undertrial detention should not operate as a substitute for punishment.