The Bail Jurisprudential Paradox of Bail

The dogma beatified in Indian jurisprudence “bail is the rule, jail is the exception” — stands in between conflict to the observational reality of pre-trial captivity. Here the article questions the constitutional, policy aspect of bail, with current jurisprudential asking whether the current framework innate a systemic violation of Article 21 (right to life and personal liberty) by training liberty on economic capacity. The examinations revels that 75% of the Indian prison population undergo under trail, many captive stay in the prison for period exceeding the maximum sentence send in prison upon conviction, thereby converting the bail tyranny into a mechanism of de facto punishment without adjudication .