RAKESH KUMAR PAUL vs STATE OF ASSAM

The Supreme Court interpreted the phrase 'imprisonment for a term not less than ten years' in clause (i) of proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973, holding that the maximum period of detention without a charge sheet is 60 days, not 90 days, for the petitioner. The Court emphasized that personal liberty cannot be compromised for perceived justice and ruled that the petitioner was entitled to default bail as no charge sheet was filed within the stipulated time. The Court overturned the High Court's rejection of the petitioner's bail application, affirming the right to liberty under Article 21 of the Constitution of India.