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JUDGEMENT LINK-https://main.sci.gov.in/supremecourt/2022/34431/34431_2022_12_1501_42824_Judgement_17-Mar-2023.pdf
The Supreme Court has reiterated that subsequent addition of more serious offenses to the FIR can be a circumstance for a Court to cancel the bail granted by it./”The addition of a serious offense can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted
The Supreme Court began the judgement by stressing on the importance of reasoning in the sentencing process. It opined that sentencing is an extremely crucial aspect of the criminal justice system as it has severe ramifications for the liberty of the accused. The Court iterated that for a just sentencing procedure, there must be a balance between judicial discretion and the rule of law. Thus, according to the Supreme Court, in order to have a fair sentencing mechanism, the judges must be given the discretion to choose the punishment from the legislatively prescribed range. Moreover, such discretion must be exercised following the judicially set principles. The Court concluded that the sentencing mechanism in India would benefit from “uniformity” that can only be brought by the combined effort of legislature and judiciary.
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