BADRI PRASAD Vs. STATE OF M. P.

JUDGEMENT

(1.) THE present case was heard along with 57 other cases and this order shall govern the disposal of all the said cases.

(2.) "Bail or Jail" was the theme given by Mr. Justice Krishna Iyer in State of Rajasthan v. Balchand AIR 1977 SC 2447. Grant of bail was held to be a rule and rejection an exception. Yet, it is still true that the accused are thrown back in the society making it insecure as well as shaking the confidence of the public at large towards the administration and dispensation of justice. Law Courts are not mere mechanical, computerised, systems or institutions, immune of the need to restore confidence in the institution. The need to have a realistic approach has been pointed out by the Supreme Court in respect of offences relating to women which are on increase even after drastic amendments in the law by providing special provisions for deterrent punishment. This is an area where precise scales or evaluation of standards are not available.

(3.) THE classical school of criminology was based on hedonistic psychology. Man governs his behaviour by considerations of pleasure and pain. John Spenser said (White Collar Crime), "Algebric sum of pleasure and pain must be balanced." Undoubtedly, there is a cross cultural conflict, where living law must find answers to new challenges and Courts are required to evolve new heads of public policy. Viscount Simonds highlighted the imperatives and identified new heads of public policy in what is known as the Lady's Directory Case (1961) 2 All ER 446. It has been said E.A. Ross in "Social Control" -