AI Overview...
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Pre-arrest Bail - Courts are mandated to balance individual rights, public interest, and the need for a fair investigation when considering applications for pre-arrest bail. The power to grant such bail is considered extraordinary and should be exercised sparingly, only in exceptional circumstances. State of Haryana, 2023 SCC OnLine SC 785; Bhartiya Nayaya Sanhita, 2023
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Balancing Rights and Public Interest - Judicial decisions emphasize that while individual liberty is fundamental, it must be weighed against public interest and the integrity of the investigation process. Courts must ensure that granting bail does not hinder the investigation or justice delivery. State of Haryana, 2023; SCC 181
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Restrictions on Pre-arrest Bail - Certain offences, such as those punishable under specific sections like Section 376 of IPC, may not be eligible for pre-arrest bail, reflecting a judicial stance that some crimes warrant stricter bail considerations. Versus State of Maharashtra, 2023 SCC Online SC 279
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Legal Precedents - The 2019 SCC judgment (SCC OnLine SC 1143) reiterates the extraordinary nature of pre-arrest bail, advocating sparing exercise to prevent misuse and uphold the sanctity of investigations. 2019 SCC OnLine SC 1143
Analysis and Conclusion:
The Supreme Court of India, through the 2023 decision (SCC Online SC 785), underscores that pre-arrest bail should be granted cautiously, balancing individual rights with public interest and the needs of a fair investigation. The courts are guided to exercise this power sparingly, especially in serious offences, ensuring justice is served without compromising investigative integrity.
References:
- State of Haryana, 2023 SCC OnLine SC 785
- Bhartiya Nayaya Sanhita, 2023
- Versus State of Maharashtra, 2023 SCC Online SC 279
- SCC 181, 2019 SCC OnLine SC 1143
Search Results for "2023 8 Scc Online Sc 785"
2025 0 Supreme(HP) 417 • India - IN THEHIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
(A) Bhartiya Nayaya Sanhita, 2023 - Sections 64, 89, 238 - Pre-arrest bail applications - Allegations of rape and abortion - Petitioners ... (Paras 8, 9) ... ... (C) Balance of Rights - Courts must balance individual rights against public ... (Paras 2, 8, 10, 12, 18) ... ... (B) Anticipatory ... State of Haryana, (2023) 8 SCC 181: 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public i....
2025 Supreme(Online)(HP) 5671 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509: 2019 SCC OnLine SC 1143 that the power of pre- arrest bail is extraordinary and should be exercised sparingly. It was observed: “69. ... State of Bihar, 20....
2025 0 Supreme(HP) 410 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
pre-arrest bail, which should be granted sparingly and only in exceptional circumstances (Paras 7, 8 ... State of Haryana, (2023) 8 SCC 181: 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: “21. ... 8. This position was reiterated in Srikant Upadhyay v. State of Bihar, 2024 SCC #HL_....
2025 Supreme(Online)(HP) 5762 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509: 2019 SCC OnLine SC 1143 that the power of pre- arrest bail is extraordinary and should be exercised sparingly. It was observed: “69. ... State of Bihar, 20....
2025 Supreme(Online)(HP) 5758 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509: 2019 SCC OnLine SC 1143 that the power of pre- arrest bail is extraordinary and should be exercised sparingly. It was observed: “69. ... State of Bihar, 20....
2025 Supreme(Online)(HP) 5761 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509: 2019 SCC OnLine SC 1143 that the power of pre- arrest bail is extraordinary and should be exercised sparingly. It was observed: “69. ... State of Bihar, 20....
2025 Supreme(Online)(HP) 6755 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
seeks pre-arrest bail under FIR No. 107 of 2025 for offences under Sections 221, 224, 351(2), and 78 of the Bharat Nyaya Sanhita, 2023 ... State of Haryana , (2023) 8 SCC 181: 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509: 2019 SC....
2025 Supreme(Online)(HP) 7655 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: “21. ... Versus State of Maharashtra and another, 2023 SCC Online SC 279 that pre-arrest bail cannot be granted in an offence punishable under Section 376 of the IPC. It was observed: (2019) 9 SCC ....
2025 Supreme(Online)(HP) 5760 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. ... State of Bihar, 2024 SCC OnLine SC 282, wherein it was held: 2019 SCC OnLine SC 1143 that the power of pre- arrest bail is extraordinary and should be exercised sparingly. It was observed: (2019) 9 ....
2025 0 Supreme(HP) 91 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr Justice Rakesh Kainthla, J
(2023) 8 SCC 181 : 2023 SCC OnLine SC 785 that the Courts should balance individual rights, public interest and fair investigation while considering an application for pre-arrest bail. It was observed: (2019) 9 SCC 24 : (2019) 3 SCC (Cri) 509 : 2019 SCC OnLine SC 1143 that the power of pre-arrest bail is extraordinary and should be exercised sparingly. It was observed: “69. ... 8#HL_END....
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