Bail is right, Jail an exception
It is Judicial principle that was laid down by the Supreme Court in a landmark judgement of State of Rajasthan v. Balchand alias Baliya in 1978.
The judgement was based upon several rights that are guaranteed by the Constitution of India with Article 21.
Detention of a private infringes his right to life and liberty as guaranteed under Article 21 of the Constitution of India.
The most purpose of detention is to make sure easy proceedings by availing the accused for the trials with none inconvenience.
The accused are going to be available as and when required for the trial, then, detaining the person isn’t necessary. Therefore, it had been held that the provisions of the Criminal Procedure Code, 1973 (CrPC) regarding the arrest of a private must be interpreted during a sense that unless indispensable, detention of an individual must be avoided.
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