Liberty V/S Severity: The Bail Dilemma
- IJLLR Journal
- 3 days ago
- 1 min read
Venugopala S.G, B.A.LL.B.., Practicing Advocate, Karnataka
ABSTRACT
The art of balancing contradictions between liberty and the gravity of offences has been, from a long ago is a fundamental task of judiciary. As per classic criminal jurisprudence, balanced grounds should to be followed while granting bail to the accused and such grounds should be based on proportionality, deterrence, rational choices. Previously in India, liberal approaches were being followed even while granting bail in cases where crimes are heinous in nature, which involve custodial violence and criminal conspiracy. The Liberal approaches have always carried risk of damaging the soul of criminal jurisprudence which aims to maintain social order. When the procedural aspects and discretion without rational scrutiny overpower the substantial deciding factors, the ultimate purpose of law fails. In recent times, the courts have shifted from traditional grounds to dynamic, subject oriented and substantial issue concerned grounds for granting of bail. Instead of liberal approaches to grant bail, There has been structured, victim rights and social reflection oriented, tightened grounds are coming into effect.
This paper examines various topics, including balance between rights and liberty of accused and gravity of offence. This paper also covered recent landmark judgment of Supreme Court of India on granting bail to Kannada actor Darshan relating to the murder of Renukaswamy emphasizing the deciding factors in establishing prima facie case, rights of victims of crime and the gray areas of criminal jurisprudence linking the same with the global perspectives.
Keywords: Criminal jurisprudence on bail, heinous crimes, social order, substantial issue, prima facie case, actor Darshan case.
