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Home Various Acts

[SC] Bail – Striking a perfect balance of sanctity of an individual’s liberty as well as the interest of the society.

by PLRonline
December 17, 2023
in Various Acts
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3. The society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.

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Bail – Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end. [PLRonline]

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[SC] Arbitration in cases involving allegations of fraud and disputes related to immovable property -Arbitrability of disputes except in instances of serious fraud or statutory protections – Limited scope of judicial intervention in arbitration proceedings, reinforcing the autonomy and jurisdiction of Arbitral Tribunals as per the Arbitration and Conciliation Act, 1996. [2023 SCeJ 567 , PLRonline 478605 ]

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