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may 2012

Supreme Court of India · 2012-05-04

Rashmi Rekha Thatoi & Anr vs State Of Orissa & Ors

Citation / case number
AIRONLINE 2012 SC 326
Court
Supreme Court of India
Petitioner
Rashmi Rekha Thatoi & Anr
Respondent
State Of Orissa & Ors
Author
Dipak Misra
Bench
Dipak Misra, K. S. Radhakrishnan

Judgment text excerpt

The Supreme Court emphasized the fundamental importance of liberty as enshrined in Article 21 of the Constitution, which guarantees that no person shall be deprived of life and personal liberty except according to the procedure established by law. The Court examined the statutory mandate under Section 438 of the Code of Criminal Procedure, which provides for anticipatory bail, and held that the High Court must adhere to this provision while considering liberty. The judgment reinforces the principle that individual liberty is a core value that must be protected within the framework of law.

Rashmi Rekha Thatoi & Anr vs State Of Orissa & Ors · Niyam