RAKESH KUMAR PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) In Measure for Measure the Duke complains (in the given situation): "And liberty plucks justice by the nose", Act 1 Scene III line 20-32. The truth is that personal liberty cannot be compromised at the altar of what the State might perceive as justice - justice for one might be perceived as injustice for another. We are therefore unable to agree with learned counsel for the State that the petitioner is not entitled to his liberty through what is commonly referred to as 'default bail' or that the justice of the case should persuade us to decide otherwise.

(2.) The facts in these petitions are not in dispute and we need not go into them in any great detail since we are really concerned with the interpretation of the words "imprisonment for a term not less than ten years" appearing in clause (i) of proviso (a) to S.167(2) of the Code of Criminal Procedure, 1973 as amended in 1978.

(3.) A few facts A First Information Report No. 936 of 2016 was lodged on 27th October, 2016 in respect of allegations made under the provisions of the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC). Although the petitioner was not named in the First Information Report, investigations seemed to implicate him in a very large and structured conspiracy. Accordingly, on 5th November, 2016 the petitioner was taken into custody pending further investigation.