It is said that Bail is Rule and Jail is an exception in Bail Cases.
In a Society, which we do call it civilized, a Jail reduces a human being to animal. Jailing is akin to chaining human, where inherent human dignity is imminently lost.
A Justice, Judge or a Magistrate, being a reflection of superior human being, must deemed to stand for personal liberty, and can never argue for chaining a fellow human, unless it is vehemently shown that fellow human has acquired an Animal instinct of grave danger.
Therefore, in Bail matters, where limited issue is of personal liberty, a Judge indisputably stands for personal liberty.
Therefore, Bail matters are inherently different from other Legal Cases. In other Legal Cases, the Judges, dispassionately, may be deciding rights of the parties. But in Bail matters, Judges stand for Personal liberty; and therefore, in Bail Cases, Judges have to “argue” passionately, Impugning Prosecution, in favour of personal liberty, unless animal instinct is shown.
A passing thought:
Personal Liberty is not a Right, it is ours breathe, and breathe cannot be taken away frivolously.
A human person must be chained if he has acquired an Animal instinct and inevitably threatens the safety and peace of the Society. But not otherwise. This should only be the parameter or the benchmark for granting or refusing Bail.
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