Personal Liberty Versus Societal Interest: The State of Bail Jurisprudence in India

Taking Bail Seriously, LexisNexis India, 2019

22 Pages Posted: 15 Dec 2020

See all articles by Lokendra Malik

Lokendra Malik

Advocate, Supreme Court of India

Date Written: November 12, 2019

Abstract

In this paper, the author discusses the constitutional principles relating to bail jurisprudence in the light of societal interest that is the chief consideration in the judicial adjudication. Article 21 of the Constitution guarantees a fundamental right to life and personal liberty. This right is not absolute like other rights. In bail adjudication, the courts of law are mandated to make a balance between personal liberty of accused persons and societal interests. All these important constitutional and statutory issues are critically discussed and analyzed in this piece in the light of several landmark judgments of the Supreme Court of India.

Keywords: Bail, regular bail, anticipatory bail, Sessions Court, High Court, Article 21, personal liberty, societal interest, rule, exception, Justice Krishna Iyer, section 437, 438, and 439 CrPC

Suggested Citation

Malik, Lokendra, Personal Liberty Versus Societal Interest: The State of Bail Jurisprudence in India (November 12, 2019). Taking Bail Seriously, LexisNexis India, 2019 , Available at SSRN: https://ssrn.com/abstract=3747483

Lokendra Malik (Contact Author)

Advocate, Supreme Court of India ( email )

New Delhi
New Delhi, 110001
India
+91-9971130353 (Phone)

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