Sanjay Chandra v. CBI — 2G Spectrum Case

Quick Summary

The Supreme Court clarified bail principles in a high-profile case. Bail is the rule; jail is the exception. Pre-trial custody must pass the “necessity” test: is it truly needed to secure presence, protect evidence, or prevent real risks? Article 21 demands careful balance between liberty and fair trial.

(2012) 1 SCC 40 Bail / Article 21 / Criminal Procedure

Issues

• Which factors should courts weigh while deciding bail?

Rules

• Bail is the rule; refusal curtails Article 21 liberty and needs sound reasons.
• Object of bail is to secure attendance at trial—not to punish or prevent generally.
• Necessity test: Custody only when truly necessary (flight risk, real tampering threat, repeat of specific offence).
• Delay in trial weighs in favour of bail.
• Balance seriousness and likely sentence with liberty; avoid using bail to “send a message”.

Arguments

Judgment

Held: The object of bail is to secure the accused’s presence at trial. Pre-trial custody is not punishment. Apply the necessity test and protect Article 21. Seriousness matters, but cannot alone defeat liberty without concrete risks shown.

• Presumption of innocence continues till conviction.
• Imprisonment before conviction has punitive content—use sparingly.
• Delay in trial supports grant of bail.

Court must balance liberty and society’s interest with reasons, not with labels.

Ratio Decidendi

• Bail is default; refusal must be justified by necessity.
• Article 21 requires minimal, reasoned intrusion into personal liberty.
• Seriousness ≠ sole ground; consider evidence, likely sentence, delay, and real risks.

Why It Matters

This case is cited to remind courts that liberty is primary. Bail decisions must be based on facts and necessity, not only on the label of a case or public anger.

Key Takeaways

• Bail = rule; Jail = exception.
• Use the necessity test for custody.
• Weigh delay, evidence, likely sentence, real risks.
• No pre-trial punishment to “teach a lesson”.

Mnemonic + 3-Step Hook

Mnemonic: “Rule — Reason — Release”

1. Rule: Bail by default, jail only if needed.
2. Reason: Show concrete risks (flight/tampering).
3. Release: If risks aren’t real or trial is delayed.

IRAC Outline

Glossary

Article 21

Right to life and personal liberty; bail refusal must respect this guarantee.

Necessity Test

Custody only if truly required to ensure trial fairness or presence.

Pre-trial Detention

Custody before conviction; not meant to punish or send a message.

FAQs

Related Cases

• Gudikanti Narasimhulu v. P. Subhash Chandra Bose — bail and personal liberty.
• State of Rajasthan v. Balchand — “bail not jail” principle.