Bail versus jail

It is an established principle of criminal jurisprudence that in the absence of specific countervailing factors, there is a general presumption in favour of bail. This rule is a natural extension of the very foundation of the modern legal system, which proceeds on the assumption that all persons are innocent until proven guilty. The enormous public anger against the scale of corruption and fraud, and the brazenness of the conspiracy, involved in the 2G spectrum scandal is understandable and must be commended. But the ‘grave magnitude' of the case should not be allowed to detract from the basic legal principles underlying the grant of bail. 

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