Overview

• During the 11th Justice V.R. Krishna Iyer Memorial Lecture, Chief Justice Gavai warned that courts have sidelined the landmark bail-first doctrine.
• He highlighted his 2024 bail orders in the Prabir Purkayastha, Manish Sisodia and Kavita vs ED cases as practical reaffirmations of the principle.
• A Supreme Court ruling in August 2024 formally extended the doctrine to UAPA and PMLA offences, but stringent provisions like UAPA Section 43D(5) continue to block relief.
• Gavai drew on Justice Krishna Iyer’s legacy of socio-economic justice and the presumption of innocence to argue against onerous bail conditions.
• He urged judges to prioritize substantive justice over procedural technicalities to prevent undue pretrial incarceration.