Sheikh Mehmood v. Union Territory of Jammu and Kashmir 2026 INSC 611 –Bail Is The Rule - Not Absolute Rule - Serious Offences

Code of Criminal Procedure, 1973 – Section 437(1); Bail Jurisprudence “Bail is the rule and jail is an exception”, although is a cardinal principle of bail jurisprudence in India, it is not an absolute rule; the rule is sort of a guiding principle that should be kept in mind along with the facts of each case and statutory restrictions, if any, while considering a prayer for bail, and in relation to offences such as murder and conspiracy – Serious offences where Section 437(1) of the CrPC bars grant of bail if reasonable grounds exist that the accused has committed an offence punishable with death or life imprisonment – the cardinal rule has to be balanced with factors like prima facie case, gravity of offence, nature of evidence, antecedents, differentiation of roles, parity, delay in conclusion of trial, age of the accused, medical grounds, and could be declined if the offence is heinous and premeditated, there is grave apprehension of witnesses being influenced or evidence being tampered, or possibility of the accused absconding and evading trial. (Para 31) [Context:  murder and conspiracy case arising out of a land‑dispute assault -The Supreme Court declined bail to the principal and other younger co‑accused but granted bail to two septuagenarian co‑accused (one seriously ill, the other facing somewhat inconsistent evidence)