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march 2023

Supreme Court of India · 2023-03-27

Enforcement Directorate Government Of ... vs Kapil Wadhawan

Court
Supreme Court of India
Petitioner
Enforcement Directorate Government Of ...
Respondent
Kapil Wadhawan
Author
Hrishikesh Roy
Bench
B.V. Nagarathna, Hrishikesh Roy, K.M. Joseph

Judgment text excerpt

The Supreme Court examined the constitutional and legal implications of the right to default bail in cases where the period of remand under Section 167(2) of the Criminal Procedure Code is involved. The judgment emphasizes the importance of personal liberty and the necessity of a fair procedure before depriving an individual of liberty. The Court analyzed whether a delay of even a single day in granting bail violates constitutional rights, highlighting the significance of procedural safeguards. The decision underscores that personal liberty must be protected within the framework of law, especially in cases involving remand and bail.

Enforcement Directorate Government Of ... vs Kapil Wadhawan · Niyam