Misconception of the Day: Bail Not a Right, But a Discretion!

In General Laws, we often hear that a person has the right to bail as per Article 21 of the Constitution. Many coaching institutes and notes repeat this, but it's half-baked. The Supreme Court clarified in Arnendu Sinha vs. State of Jharkhand (2022) that bail is not a constitutional right, but rather a discretion vested in the magistrate. This means that the court may deny bail even if the accused fulfills the conditions specified under Section 439 of the CrPC. Students, don't just memorise notes - understand the nuances behind the law. We need to move beyond the 'right to bail' narrative and focus on the practical application of the CrPC.